bullock against Burdett see Savill Bros limit v bethell Ch east e rot a seize  of one thousand acre in fee feoff b without deed of seventeen acre habendum to  he and his heir at the election of he and his heir whenever they please b die  before election at any rate his heir may not elect but this feoff be void for  the uncertainty where the seventeen acre shall be as freehold can be in  abeyance and by livery they ought to pass without any interval from the feoff  to the feoff one Richard former bishop of Salisbury be seize in his demesne as  of fee in right of his bishopric of the manor of sun in the county of Berks in  which there be a wood contain one thousand acre call Berewood and be so seize  he be feoff one r bullock of a message parcel of the manor etcetera and of  seventeen acre of wood of the aforesaid dyer thousand acre to have to hint and  kit heir at the election of the sassed r bullock and his hen whensoever they  shall please c and whether this election of the seventeen acre of wood shall  descend to the heir and that he may make his election of the seventeen acre in  the say great wood this be the matter in law in replevin between bullock and a  b servant to John inglefield who have a lease of the entire manor of sun for  the term of ninetynine year confirm by the dean and chapter and he distrain  bullock cart and billet in seventeen acre call poulter hill parcel of the say  great wood where bullock as heir in the five descent from the say r b make his  election and cut there the wood grow c and note that the feoff above be plead  without deed and also no certainty allege at what time the ferment be make and  also there be allege a die seize of the say message and of seventeen acre of  wood in the first grantee S to stave the election to his heir c east Elizabeth  a b full v AVoodhouse roll Rep a man be seize of land of five hundred pound  value covenant to assure land of one hundred pound value for a jointure and  make a ferment of all his land to the use of the indenture and adjudge by the  court that this be void for the uncertainty so per curtain if there be a  covenant to stand seize of one hundred pound in land and Anderson say that it  be so adjudge in sir Thomas GerTards case h   h b Keilway b cast Elizabeth b r  Gibbon v ZYa?ner roll Rep sir r f devise his manor of e to his executor in  trust that they shall be seize of one hundred mark part of that manor to the  use of one and of another part to the value of twenty mark to the use of  another and of other part to the value of twenty pound to the use of another  and that a division shall be make by his executor and that the whole manor  shall be value at one hundred pound and no more and it be adjudge that this be  sufficient certain and the cestuys due thses shall be tenant in common  immediate without division and mich car in the argument of Thomas and Morgan  case which be enter east car a b rot this case be put by Richardson and agree  to be law but it be to be take that the value of the manor be express in the  will and that he say be the reason of the judgement for the case of Thomas and  Morgan hetl be a fine be levy to the dyer b er p and in the term of easter in  the that year of the present Queel the case be argue at the bench and Harper  justice argue for bullock the plaintiff who counsel he be before he be make a  judge and defend the plead in which many defect be assign at the bar and  afterward at the bench also S saint that no certain estate be allege in the  bishop of the ancient message nor any town or place where it lie also that by  virtue of a feoff of the message and seventeen acre of wood the aforesaid r b  the feoff be seize thereof in his demesne as of fee and this before the  election note this also the traverse be without this that the say seventeen  acre of wood be parcel of the manor at the time of the take and before since  the election and by the fooment above it be sever from the manor and make in  gross if it be a good feoff and for the matter in law he argue that the  ferment and the election be good and sufficient without deed and that the  coffee be tenant in common immediate with the bishop in the residue of  Berewood have regard to the quantity of seventeen acre but Welsh Weston and  dyer come totes orbit to the tenancy in common and dyer hold that the election  can not be annex to the estate of inheritance or freehold without deed any  more than a condition covenant assent licence or liberty because election be  the internal free and spontaneous separation of one thing from another without  compulsion consistingin the mind and will but they three hold the election  void in this case because by the livery in deed or in law the freehold and  property of the soil of the seventeen acre of wood pass without any interval  of time from the feoff to the feoff and Bracton say that the donor never cease  to possess till the donee begin topossess but they hold the feoff of the  seventeen acre void on account of the uncertainty of their situation in  Berewood S towards the south or towards the east dyer c see a like case ass pi  of the four part of a manor towards the east hic also no view can he have of  the seventeen acre in certain here sothat a certain thing can be bring into  use contain in certain indenture in which be contain that the conusees shall  be seize of so much land as amount to thirty pound per annum to the use of the  woman that he intend to marry that to be assign and set out apart by a  stranger and adjudge that inasmuch as there never be any assignment make it be  entire void as to the wife and that he can not enter nor shall be tenant in  commonwith the other to who the use of the residue of the land be limit but  otherwise it will have be if they have make a valuation of the land Elizabeth  between Evans and Mitton it be rule in the court of ware where a fine be levy  of one hundred acre of land four hundred acre lie together and not particular  point out the conusee have election but the heir not Elizabeth grace marshal  case a devise of two acre of land out of four together be a good devise and  the devise shall have electron e James b r Yoodhouse v matter roll Rep if a  man covenant by indenture to make a feoff of the value of fifty mark if he  afterward make a feoff to the use of the indenture general and do not  particular assign the land more shall not pass than the place itself where the  livery be make by cook and dodderidge Orig tout dyer b er p judgement and to  make a suspension of the freehold and property in the seventeen acre until  election be make be impertinent because they be thing of so great weight that  c also the election shall be make and execute in the lifetime of the party or  not at all as in e a pl of the exchange of a advowson appendant for one of the  two chamber in a college in a but they hold the election here void if it  passes immediate by the livery and if the election of the heir shall be good  that ought to precede the interest and property of the seventeen acre in the  feoff and many diversity put of election to have property in chattel and in  thing real and executory and so they the three last justice argue against  bullock the plaintiff and in the same term judgement be give against bullock  lease condition that lessee shall not do any waste suffiering the house to go  to ruin be waste within the statute and a breach of the condition mead  sergeant move this case at the bar a man make a lease for year by indenture of  a message and diverse land with this clause in it S that if it happen the  lessee to do any waste in and upon the premise it shall be lawful for the  lessor to reenter c the lessee suffer the house to fall in for want of cover  and repair whether the lessor for this matter of negligent and permissive  waste which do not consist in feasance accord to the word of the condition  which shall be take strict and most strong against the lessor may reenter or  not and Welsh and dyer think prime fancy that he may for such waste be  punishable by the statute of Gloucester Marleberge c the word of which be  Zastum claim seu destruction to make de ferris lord c also this word any waste  be general and indifferent to either of the two kind of waste S voluntary or  negligent c wherefore c rlucere hilary term queen Elizabeth