Carthew sir simon leech S case before lev vent the case and his argument salk  Mod show comb one leech be tenant for life remainder to his first son in tail  remainder to sir Simon leech in fee the tenant for life before the birth of  any son execute a deed of surrender of all his estate and title c to sir Simon  leech and deliver this deed to t S to the use of sir Simon and all this be do  without the knowledge of sir Simon afterward leech the tenant for life have a  son after the birth of which son and five year after the deed of surrender be  execute and not before sir Simon leech have notice of the say surrender accept  it and assent to it all which be find by a special verdict in ejectment bring  by the son of leech tenant for life against sir Simon leech the action be in  the c b three judge after several argument give judgement for the plaintiff  for they hold that the consent of the surrendere be absolute necessary to  every surrender and that before such assent nothing passes out of the  surrender and therefore in this case the birth of the son happen between the  delivery of the deed and the assent of the surrendere the surrender it self be  defeat by the vest of the contingent remainder so that the subsequent assent  of the surrendere signify nothing because at that time the tenancy for life  can not be surrender to the remote remainderman because of the mean estate  vest but justice Ventris be of a contrary opinion for he hold that by the  delivery of the deed the estate pass to and vest immediate in sir Simon leech  and shall wait there till his disassent and not remain with the surrender till  he the surrendere shall assent for the law will intend the assent of the  surrendere because this for his benefit but the plaintiff have judgement by  the opinion of the other judge upon which judgement a writ of error be bring  in b r and the judgement be affirm One voice and afterward a writ of error be  bring in parliament and there this judgement be reverse notwithstanding all  the opinion of the judge assistant for affirm the judgement except the chief  baron atkins who be for reverse it