case XLIX Elizabeth   b sir Anthony main case covenant surrender nugation a  make a lease of certain land to b for twentyone year by indenture and by the  say indenture covenant with b that if b at any time during the say term will  surrender his lease to he that he will make another lease to he of the say  land for twentyone year a afterward by fine grant this land to c for eighty  year b in this case may maintain covenant against a without any surrender  tender for such tender will be in vain for a have disable himself to make a  new lease to b for twentyone year accord to the say indenture a covenant to  feoff b of the manor of dale upon request a feoff c of the say manor covenant  lie against a in this case without request make for it will be vain so adjudge  and affirm in error law nil compose in vain a villain shall not have a appeal  of mayhem against his lord for it will be in vain he shall recover damage and  his lord shall retain they a devise all his good to b and make c his executor  a die c die intestate the administration of the good of a shall not be commit  to the wife or next of blood of a but to b for it will be in vain in vain  attack quod statin one reddere to drive together lessee for year remainder for  year this remainder hinder the surrender of lessee for year to the lessor for  it be one estate but if a make a lease to b by indenture for twentyone year  render rend and afterward make a lease of the same land to c by another  indenture to commence after the lease of b determine b may surrender in this  case if the lease of c by the other indenture have begin with the lease of b  it have only be a lease by estoppel and have not hinder the surrender of b for  it be not the same estate and conjoin with bs lease but in this case if b  surrender c shall enjoy his lease and if in the last case b atturns to c c  shall have it as a reversion and also the say rend and such reversion hinder  bs surrender to a the first lessor for he be not immediate tenant to he the  grant of eighty year in the principal case do not binder bs surrender for it  be another estate and not the same estate with bs original lease but though it  do not hinder the surrender it binder the lessor to perform his agreement to  make a new lease a seize of land in fee make a lease to b for twentyone year  and another lease to c of the same land for twentyone year both by indenture  to Jenkins er p commence in present time and deliver to both at the same time  these lease be void to both a and b