clxxvi colebourn and MIXSTONES case intrat hill Elizabeth rot devise  extinguishment estate execute assent not to be apportion colebourn be sue in  the spiritual court for that be executor to one Alice leigh he have not bring  in a true inventory of all the good of the say Alice but have omit and leave  out a lease of two house and this suit be at the pursuit of two daughter of  the testator colebourn sue for a prohibition and surmise and declare how this  lease be extinct and the matter be this h leigh be seize of a house call the  marigold and two other house in London and lease the say two house to one  Alice Cheap for year if she shall live so long and afterward make a lease in  reversion of the say two house to the say Alice leigh for year and afterward  be devise these two house and also the house call the marigold to the say  Alice leigh for her life for to bring up his child and die after who death the  say Alice leigh enter into the say house call the marigold and take the rend  and profit of the say two house for the space of year army testament predict  upon which declaration the defendant do demurrer in law coke the declaration  be not good and for the matter of it it be clear that by this devise unto  Alice her term in going to be be not extinct without her agreement to it and  also in this case the devise be not for the benefit of the say Alice leigh but  of her child and she have liberty to accept or refuse the say estate by devise  and to make her election and the plaintiff have declare that she have accept  the rend reserve upon the lease of the say two house for year and therein the  declaration nought in diverse respect he have declare that the say Alice leigh  have accept the rend of the say two house by reason of the reversion virtue  testament predict by year which be double and Triple for acceptance of a rend  at one day sure one rend day be a sufficient election as if the issue in tail  after the death of his ancestor who have make a lease not warrant by the  statute once accept the rend the lease be affirm but if in plea plead the  acceptance of the say rend for year be plead the same clear be not good for no  good issue can be take thereupon this acceptance be not plead as the law will  and in the phrase of the law videlicet to which devise she agree but plead the  acceptance of the rend which be matter of evidence the which be not good plead  as h one swear another to enter into his land and the same to occupy for a  certain time the same be a lease in law and if in plead the party be to make  his title to the same land he ought to plead it as a express lease and not as  a licence and if the lease be traverse he may give the licence in evidence  Tanfield present by the devise the estate for life be in the devisee and the  term extinct by it and that be sufficient for the plaintiff and if there be  any disagreement the same be to be show on the other side but if Alice have  not notice of the devise but die before notice the same amount unto a  disagreement and as to the plead of the agreement I conceive its well enough  plead for if the lease have not be she may have enter and then if such entry  have be plead it have be good enough and then because she can not enter by  reason of the say lease she have take the rend and profit which be a actual  agreement and as strong as a entry also we have show that she have enter into  the house call the marigold of which the devisor die seize in possession and  that be a sufficient agreement for the whole for it be a entire legacy as e  variance if the reversion of three acre be grant and the tenant for life  attorn for one Leonard acre it be a good attornment for the whole for be can  apportion his assent and e if the executor deliver unto the devisee good to he  devise to redeliver they to he again at such a day the same be a good assent  and execution of the devise and the word of the redelivery be void gawdy the  devise cloth not vest the estate in the wife until agreement here a man take  in a second degree as in a remainder the same vest present before agreement  but where he take immediate it be otherwise and he hold the agreement be well  enough plead Wray present upon the death of the testator the freehold rest  Leonard er p in the devisee and it be not a agreement ut above by take of the  rend yet the entry into the marigold be a consent and a execution of the whole  legacy and as to the rest he agree with gawdy Clench the freehold rest present  in Alice leigh before agreement also the entry into the marigold be a  execution of the whole legacy to the devisee for her entry shall be adjudge  most beneficial for her and that be for all the three house trin Elizabeth in  the king bench