case randall against scory easter term car roll if a declaration state a lease  to a b and c pay a heriot after the death of a his executor and assign and it  appear on oyer of the lease to be to a b and c pay a heriot to the lessor  after the death of the say a b and c and every of they the variance be fatal  post S C roll Abr SC hetley roll Abr roll Abr Bac Abr Cowp dougl term Rep  error of a judgement in the common plea in a replevin where the defendant avow  for a heriot upon a lease make by indenture croak car to Robert Chichester his  executor and assign for ninetynine year if the say Robert Chichester John  Bellun and James Bellun or any of they shall so long live render rend and  render and pay after the death of the say Robert Chichester his executor and  assign his or their best beast for a heriot or fifty shilling at the election  of the lessor his heir or assign and because the say Robert Chichester assign  this lease to the plaintiff and after die for nonpayment of the heriot after  the death of the say Robert he distrain and avow c the plaintiff demand oyer  of the indenture which be enter in haec word ut prius but the clause for the  heriot be render and pay to the lessor his heir and assign after the death of  the say Robert Chichester John Bellun James Bellun and every of they his or  their best beast in the dame of a heriot or fifty shilling c ut before and for  this variance the plaintiff demurrer and judgement give for the plaintiff and  error thereof bring the error assign be in point of law roll for the plaintiff  in the writ of error move that this be no variance and that the avowry be good  for the lease be to he his executor and assign the reservation of the heriot  in construction of law be the reservation of he his executor and assign  videlicet after the death of he his executor or assign his or their best beast  for it can be construe the best beast of Bellun and Bellun for they be  stranger to the deed and have nothing to do therewith but all the court hold  that there be a plain and manifest variance for although the best beast of  Bellun and Bellun can be construe to be mean thereby yet the reservation be  not that it shall be pay after the death of the executor or assign but only  after the death of Chichester Bellun and Bellun so as they be the party after  who death the limitation of the heriots be to be pay and not after the death  of the executor or assign wherefore the avowry be ill and the judgement affirm