case Symonds against CUDMORE see S c Mod e r with note if a tenant in tail  remainder to himself in fee make a lease for year to commence in going to be  and die before the commencement of the term and the issue levy a fine the  lease be good against the conusee S c Mod S c salk S c show S c skin S c salk  S c Carth S c holt S c Freem Jones bridge roll Abr atk Bac Abr cruise on fine  brown p c Cowp tenant in tail of a reversion expectant upon a lease for year  with the reversion in fee to the same tenant in tail make a future lease and  die the issue before the commencement of the future lease levy a fine the  question be whether the conusee shall avoid the lease Eyre justice he shall  not the lease be not void but voidable it take hold of the estatetail and  charge it after the determination of the first lease and by possibility may  have begin during the tenant in tail life though it will have be void if make  to commence after his death because it shall not have issue out of the tenant  in tail estate but the issue but now as this stand it be only voidable a but  suppose the lease to be void as to the issue yet neither he nor the conusee  can avoid it not the issue because bar by fine nor the conusee for the lease  issue out of both the estate which pass to he by the fine b where the king  tenant in tail with reversion expectant grant the land in tail if it be the  case of a common person hold it shall operate on both estate c the rend issue  out of all the estate accord to the rule in   b and rather than the lease  shall be void it shall issue both out of the modern report reversion in tail  and remainder in fee now the tail be extinguish and the conusee be seize of a  fee only and so the lease unavoidable as derive out of it and that the fine  consolidate both estate and utter extinguish the tail as to issue be prove leo    b I cro hob and all the whole court hold with he in the second point holt  chief justice and Gregory justice the lease be not void not on tenant in tail  death for if it be no afteract can make it good I roll but it may be make good  so be Bridgman dyer Bulst and therefore the issue have election to avoid it by  entry or make it good by acceptance of rend and the issue if he have stay till  the lease be out may have avoid it but a   light cro Elizabeth b   c cro hut  modern report er p the conusee shall not have that privilege because none but  privy in blood shall avoid such lease dolben justice accord in omnibus and say  siderfin be mistake in the report of Oyus and Thomasiuss case as to time and  true state holt chief justice agree to the judgement but differ in some thing  and say if the lessor and conusor have be seize of a reversion only he shall  have be of opinion for the plaintiff that the lease be void for if a tenant in  tail make a lease at a day future and die before commencement it be void at  the election of issue first because the future interest be no estate until  actual entry and until then tenant in tail be seize for before such lessee  have only a right a and entry be necessary to a title it be defeat by the  tenant in tail death and if the lessee afterward enter the heir may have  trespass against he b it be hold to be a void lease not because it issue out  of the estate of the issue only for it charge the whole tail but the true  reason be because the lessee have no title to enter until possession devolve  to the issue who have a precedent and paramount right and be there a  possibility of commence during the tenant in tail life who be lessor and it do  not commence or be it limit to commence after his death the lease be void to  charge the possession of the issue second where tenant in tail make a future  lease there be no act appoint by law by which the issue can avoid it until  after the tenant in tail death and after his death he can neither enter nor  make claim or bring action which be the only way of defeat a estate yet there  be none of they necessary to prevent such vest therefore the interest termini  be void as to the possession of the issue who have power to avoid it and be  compare it to the case in   Inst feoff in fee on modern report condition to  pay a sum of money at a day certain afterward the feoff make a lease of the  land to the feoff and do not perform the condition the fee shall be adjudge  immediate in the feoff for be can not enter and need make no claim because in  possession and there will be a circuity if the law be otherwise for the issue  must permit the lessee to enter and then oust he and beside this lease be make  by a tenant of a reversion then suppose he have grant over a reversion and die  the grant will have be void until the issue have do some act to confirm it a  and if it shall be so in the case of a grant of inheritance a strong in the  case of a lease now the fine levy do not corroborate the lessee estate nor be  there any election in the issue first because the time of his election be not  come which be not to have be until after the commencement of the lease second  when a thing or estate be or be not at the election of any person the levy of  a fine shall not extinguish the election but only convey the estate b and  there be a difference between a power to make a lease good and a election to  make it good or void but when the conusee have by acceptance or distress  affirm the lease he shall be conclude to say the conusor be issue in tail  which be first hold Plowd and in another age coke be of the same opinion c but  there be no such act in this case if this have be the point only judgement  ought to have be for the plaintiff