cciv allen and hill case in a ejection strong by Allen against hill of a house  in Cornhill in London upon not guilty plead the jury find this special matter  videlicet that one Francis beneson be seize of the say house in fee and  Elizabeth devise the same to whether his wife for life in full satisfaction of  all her three in London and after her death to though beneson his brother in  fee proviso that if whether clear the word of the verdict be altogether depart  out of London and dwell in the country that then she shall have a rend out of  the say house and the jury find further that Francis die without issue and  that afterward Thomas die Robert be his next heir and that Elizabeth whether  clear depart out of London and go to Melton in the county of Suffolk and that  afterward Robert before any entry release unto whether and afterward against  his release enter it be argue for the defendant that by this proviso and the  departure of whether out of London the freehold be not out of her and vest in  Robert before the entry of Robert for if it be out of whether then be she but  tenant at sufferance to who a release make can enure and the word of the will  be not that her estate shall cease and here as the case be whether can be  tenant at sufferance to he in the remainder betwixt who and her there be not  any privity see e tenant for the term of the life of another the remainder  over in fee beneficiary and vie die the tenant remain tenant until he in the  remainder enter upon he and so in our case although whether have clear depart  out of London c yet the freehold of the house do continue in her until the  entry of Robert and then the release make to her be good also the breach of  the condition be not full find for the proviso be if she clear depart out of  London but it do not stay there and dwell in the country c and here it be find  that she clear depart out of London but they have not find that she dwell in  the country c but only that she go to Melton but she ought to do both before  her estate shall cease it be argue by touse for the plaintiff that the  defendant ought to be find guilty of the ejectment for it be find that the  defendant enter before the commandment of whether but they have not find that  whether be alive Fenner justice the same be well enough and so it be hold  Elizabeth n this court for although her life be not find yet it shall be  intend that she be alive for the jury do not doubt of it and the conclusion of  the verdict be that if it shall seem to the court that his entry be lawful  then the defendant be not guilty so as the doubt of the jury be only upon that  point which Wray to go away Leonard gawdy justice if one devise land to one  for life upon condition that his estate shall cease which be all one with the  case at bar and after the breach of the condition be continue in possession he  be not tenant for life but tenant at sufferance Wray chief justice tenant for  the life of another continue in possession after the death of beneficiary and  vie be have not any freehold remain in he for if he Leonard er p die nothing  descend and so it be late adjudge by all the justice of England upon a  conference have between they and the book of e be not law which gawdy justice  concession see h ace and be say that the same shall be as a limitation by  which the estate shall cease without a entry and here in this case because  they have not find that whether have dwell in the country here be no breach of  the condition in the case and afterward by the advice of the whole court  judgement be give for the defendant quod to express grief nothing to take in  hand per billam cro mich Elizabeth in the king bench