case sir walter Baggott against oughton under a power in a family settlement  to make lease of the premise reserve the ancient rend land always occupy with  the familyseat can be demise S c post S c fort S c Peer wms upon a case state  and refer out of the court of chancery for the judgement of this court it be  thus sir Edward Baggott the father of the plaintiff upon his marriage with his  wife the plaintiff mother in consideration of that marriage and of a  considerable sum of money which he be to have with her as a marriageportion  which can not be raise otherwise than by sell her father estate she be the  only child of the family and sir Edward for that reason be unwilling that the  estate shall be sell agree by indenture make between they that a fine shall be  levy of the land and the use thereof declare to sir Edward for life then to  the use of his wife for life remainder to the plaintiff in tail c reversion in  fee to lady Baggott in which settlement there be a proviso that lady Baggott  shall have power to charge the whole estate with the payment of five hundred  pound to any person to who she shall give the same and with a far power that  any person who shall be actual seize of the land by virtue of this settlement  may make a lease or lease for three life or for twentyone year of all or any  part of the premise in the indenture or fine comprise at such yearly rend or  more as the same be then let at modern report sir Edward Baggott die and lady  Baggott be the next in remainder for life enter and afterward marry sir  Adolphus oughton the now defendant and then make a lease to he of the capital  message for twentyone year but reserve no rend and about a month afterward she  die the single question now before the court for their opinion be whether this  be a good lease it be argue for the plaintiff that it be not because this  capital message be never yet let by consequence there be no rend reserve at  the time of make this settlement therefore this power can never be pursue and  for this Lord Mountjoys case   a be cite as a authority in point which be thus  a tenant in tail with a power to make lease c reserve the ancient rend make a  lease of two distinct modern report er p farm reserve the ancient rend out of  both the farm in one entire sum this be adjudge a new rend and not the old  accustom rend and that if he reserve a less sum than the accustom rend the  lease be void so in Fitzwilliamss case   b it be resolve that a power by which  the interest of a stranger shall be charge must be take strict as a power to  make lease for twentyone year and he who have such a power can make a lease  for twentyone year to commence in going to be the power in the principal case  reserve to make lease be intend for the benefit of the family videlicet to  make lease of such land which have be actual ancient and usual let and though  it be indefinite to make lease of all or any part of the premise comprise in  the indenture of fine yet these word be restrain in the latter part of the  sentence to such lease where the yearly rend or more be reserve as the same be  let at when the settlement be make and the authority in the margin be cite  more roll Rep roll Rep Rep hob Litt Rep Jones lev shower c to prove that  general word in a deed be to be qualify and restrain by particular and  subsequent word in the same clause it be true this lady have a interest couple  with her power but her interest in respect to any charge to affect the  remainder man be entire void for this lease as to he must arise out of her  power and be no more than if make by a attorney now suppose she have make a  lease of land not in possession such lease will have be absolute void neither  shall a lease without rend reserve modern report be good to charge the  plaintiff who be the remainderman beside sir Walter Baggott the now plaintiff  be a purchaser of this estate under the say settlement and be heir at law both  to sir Edward and the lady to who this power be reserve and all power give to  tenant for life shall be strict construe because they make the estate to  continue as a charge on those in remainder   cro roll palm Mod salk d  therefore the word to make lease c at such yearly rend or more as the same be  then let must restrain this power to make lease only of such land which be let  at that time on the other side it be argue for the defendant that this be a  good lease and well warrant by the power which be for the tenant in possession  to make lease of all or any part of the land comprise in the indenture or fine  c now if the power have rest there this lease have be certain good and nothing  can be object to make it otherwise but it have be say that the subsequent word  to make lease at such yearly rend as the same be let at that time restrain  this power to land which be then let and this capital message be never let  this power can never extend to it but these subsequent word be only  explanatory of the first part of the sentence that the land usual let may be  lease at the usual rend now by the first part of the proviso the tenant in  possession have power to make lease of all or any part of the land comprise in  the settlement and the subsequent part of the clause shall not control that  power without negative word and there be no such word in this case beside this  power be reserve to lady Baggott who have the inheritance of these land and  from who all the estate in the settlement move and it be not a power super add  to the estate of a three person and therefore shall have a very favourable  construction vent a as to Lord Mountjoys case and b there be some point  resolve which have since be deny to be law and in roll Abr there be a contrary  resolution but the case of walker v Wakeman be full in point vent lev c it be  conveyance of land and a rectory to the use of t S for life with a power to  make lease of the premise or of any part thereof so as five shilling rend be  modern report reserve for every acre of land the tenant for life make a lease  of the rectory reserve a rend now this not be land but consist in tithe the  question be whether this lease be warrant by that power and it be adjudge that  it be because the restrictive clause be in the affirmative and shall not  restrain the general word in the precede part of the sentence it be true chief  justice hale say that if this have be res integran he shall have be of another  opinion the construction of power be various accord to the intent of those by  who they be create for modern report er p sometime they be construe liberal  and sometime very strict but the power in the principal case be reserve to her  who have the inheritance of the estate original before the settlement be make  be part of her old dominion and where the execution of such a power be  agreeable to the intention of the donor and consistent with his will at the  time it be create it must have a very liberal and favourable construction and  this be the concurrent opinion of the court of chancery in the last term  assist by the master of the roll and by Gilbert and price baron in Lord  Coventry case Peer wms stram d to which it be answer that it be not material  whether the estate move from lady Baggott as be her inheritance before this  settlement be make because the court will judge of this power as it appear  upon the face of that settlement it be true there be no negative word simple  in the subsequent part of this clause to control the power give in the  precedent part but there be restrictive word which imply a negative and  restrain the tenant from overcharge the reversioner it be to be observe that  chief justice Vaughan in deliver the opinion of the court in a case report by  he Vaugh a say that where power be give to make lease of land for twentyone  year reserve the rend which be thereon reserve at the time of the make the  deed that in such case the land demisable by that power must be land then in  lease on which some rend be reserve the court be unanimous of that opinion for  the plaintiff in this case after the death of Pratt chief justice this cause  come on once more in Hilary term the twelve of George the first to be argue  the whole court be of opinion that the lease of the mansionhouse and demesne  be void it appear by the register book that the judge of the court of king  bench certify their opinion in this case Reg lib a foe but the certificate  have be lose and no decree can be find see dougl b this opinion be on argument  affirm by the chancellor and by he decree accord and that decree affirm in the  house of lord on appeal see pomeroy v Partington term Rep Goodtitle v Funcian  dougl c modern report trinity term the ten of George the first in the king  bench sir John Pratt Knt chief justice sir Littleton powys Knt sir John  fortescue aland Knt sir Robert Raymond Knt justice sir Philip York Knt  attorneygeneral sir clement Wearg Knt solicitor general