case portman against Willis lease for yearsmill not pass by a grant of in all  respects good but they will pass by such word in a will S c gold S c more yely  dyer roll Abr     light b I Leon sheep touch bro Cas Ch SC more see more where  it be say the surrender be adjudge to be good ante leo ante   light b ejection  firm ce upon a special verdict it be find that the bishop of Winchester Henry  let the land to Rohert hill for year that Rohert hill be possess of that lease  make his will and thereby devise diverse legacy of plate and other good to  other and afterward therein devise all the residue my good my debt and legacy  pay unto Margaret my wife who I make my sole executrix to see my will perform  and I make Henry Portman my overseer Rohert die the feme enter general and  devise that term to James hill and die before the debt pay James enter by the  executor assent and be a suitor to the bishop of Winchester that he may  surrender it to the use of Symms and his heir who agree thereto afterward  James hill in the court of the manor of Taunton whereof this land be parcel  surrender it to the croak Elizabeth steward there to the use of Symms and his  heir in per peluum and afterward the bishop agree to that a vide pont where a  writ of error be bring and the judge will not suffer it to he again argue that  it be not a condition see also co croak Elizabeth er p surrender and let that  land to the plaintiff the defendant as a servant to Symms enter et si super  totan means c the first point move be whether by the devise of in all respects  good this lease for year do pass for it be move that it be intend onlV of  chattel personal but not of real and in proof thereof Edward grant be cite  where by the grant of in all respects good lease do not pass but catalla  comprehend as well real as personal as Stanford and the law regard this  diversity betwixt they for the writ of become facias and other writ mention  good el catalla which they will not do if good comprehend both second when the  feme enter general whether she shall he say to he in as legatary or as  executrix for if sb ook it as executrix her devise thereof be void thirdl that  whether this surrender into the hand of the steward to the use c and the  lessor agree thereto he a good surrender to extinguish the term although it he  a void limitation of the use GawdV by the grant of in all respects good  nobilia et unwieldy lease for year pass so likewise two I of the grant of in  all respects good in general and Henry pl be that a man have rend for year and  grant in all respects good svan and it be hold that the rend pass and Henry be  that a executor shall have a ejection firmce by the equity of the statute of  Edward de good asportatis c so the law account of they as good but Popham and  Clench hold that Edward be law in this point that by the grant of in all  respects good lease pass not but they conceive that in will they may well pass  for it be a legacy whereof the civilian be judge and that they hold that good  comprehend all chattel and we in this point ought to judge accord to their law  for the second point gawdy and Poppam herd that she ought to have make her  election before she have it as legatary especial as this case be it be give by  the name of the residue so as she ought to have show that there be sufficient  to satisfy all debt and legacy over and hesides that lease and that she will  have it by the name of the residue and it be here find that she die before all  the debt of the devisor be pay so as she can have it as the residue until they  he pay or satisfy for the three point of the surrender they say little thereto  gawdy only conceive that it be not any surrender for it be never intend to  surrender to extinguish it but to grant it to a use which if it take not  effect it be void to all purpose to make a surrender et adjournatur