case mudge vers mudge in c b a covenant though good in its creation may be  extinguish afterward by the death of the covenantor to who the covenantee be  heir vin Abr title covenant oh pl the follow case be refer by the Lord  chancellor to the judge of the common plea for their opinion Edmund mudge by  indenture date the that of January between himself on the one part and Joan  mudge his wife of the other part for natural love to the say Joan mudge his  wife by these present do give grant and confirm unto the say Joan mudge all  that his four part of Averges c part of the manor of king Barswell in the  county of Devon for and during her natural life and after her decease unto  William mudge his son and to his dispose all that his right comens c in the  premise that be the say Edmund mudge stand seize and possess of in a  inheritance in feesimple but if it happen that the say William mudge die  without issue then the inheritance shall remain to Joan mudge and her heir to  have and to hold the say grant premise unto Joan mudge for life and after her  decease to William mudge and to his dispose but if he happen to die without  issue then to Joan mudge his wife and her heir to be hold of the chief lord of  the fee and the say Edmund mudge for himself his heir and assign do covenant  and grant to and with the say Joan mudge his wife and William mudge his son  comens er p their heir and assign that the say Edmund mudge notwithstanding  any Act c be and at the time of execute of a estate of the premise unto the  say Joan mudge his wife and to the say William mudge his son and their heir  shall be seize of the demesne as of fee to they and their heir of and in the  comens premise without any use c to alter c and shall continue and be so seize  thereof until a estate of and in the premise shall be lawful execute unto the  say Joan mudge and William mudge their son and their heir and that the say  Edmund mudge now have good right and title c to convey c and that the say John  mudge and William mudge shall and may from time to time quiet enjoy and  without the let c and that the say Edmund mudge his heir and assign shall and  will at the cost of the say Joan mudge and William mudge their heir and assign  at any time in five year do any further c for the better assurance c two  question arise upon this first whether any and what estate arise to Joan mudge  second whether the covenant be a bind covenant it be insist that this amount  to a covenant to stand seize to the use of Joan mudge for her life for though  a man can covenant with his wife   Litt a yet this deed shall be construe to  be a deed poll as be hold in Mod show Cas parliament then when a man by deed  poll covenant with his wife and William mudge and his heir though the covenant  be void as to the wife it shall be a good covenant with William mudge the son  with who the father may make a covenant so if a covenant be enter into with a  man and his wife the husband may declare upon the covenant to he only and by  the same reason the covenant here make with the wife and the son shall be  construe to be a covenant with the son only cro Mod then if Edmund mudge by  deed poll covenant for himself and his heir with his son and his heir that he  grant release and confirm the tenement in question to the use of his wife for  life and afterward to his son and if he die without issue to his wife and her  heir and covenant that he be seize and will continue to be seize till a estate  be execute to they and their heir this shall be construe as a covenant to  stand seize c for it be evident that the estate be intend for the wife c and  word which can otherwise take effect shall amount to a covenant to stand  seisedCarth Lutw S c a lev Poll show S c b lev Jon S c comens but on the other  side it be insist that this be intend as a grant and be a void grant the  covenant afterward that he be seize and for quiet enjoyment and further  assurance shall not be construe as a covenant to stand seize lev and it be  agree by all the judge of the common plea that no use arise to Joan mudge by  this deed and as to the covenant they all deliver their opinion that the  covenant be good in its creation but afterward by the death of Edmund mudge be  extinguish the covenantee be the heir of the covenantor