case fish against Bellamy Michaelmas term James roll in the common plea a  proviso in a lease for year to a to reenter if he die within the term be a  mere condition and not a limitation and a second lease habendum cum post death  sive per death up redditionem seu forisfacturam prediction a to be empty to  fall upon be good and commence at the end of the former term   dyer lev Plowd    light salk l will Com dig Bac Abr dougl term Rep replevin the defendant make  cognizance as bailiff of sir William Howard for damagefeasant as in his  freehold c the plaintiff show that the bishop of bath and well be seize in fee  of the manor of Blackford c and in Henry let it to Elizabeth and Robert cozins  forsixty year with a proviso that if they both die during the sixty year he  may reenter the lease be confirm c the bishop afterward die and one Thomas  clerk his successor in the twenty second year of Henry the eight Elizabeth  cozins be dead let that manor to one Robert clerk habendum cum post death sive  per death up redditionem seu forisfacturam prediction rob cozins to be empty  to fall upon for sixty year this lease be confirm and afterward the reversion  of the manor be grant to sir William Howard Robert cozins die during the sixty  year a the question be whether this second lease shall take any effect or be  in contingency or in be foster and Tanfield for the defendant argue that this  second lease be not good for first it be agree by the counsel on both side and  by all the judge that this first term be not determine by the death of  Elizabeth cozins and Robert cozins within the sixty year but continue until  the lessor or his successor determine it by entry for the proviso be a mere  condition and not a limitation then when the second lease be limit to commence  cum post death sive per death up redditionem seu forisfacturam to be empty to  touch none of they happen in this case for it be not determine by death nor be  there any forfeiture or any surrender and therefore the second lease shall  never have any beginning for this lease continue until it be determine by  effluxion of time and the second lease be not appoint to croak throw begin  after the determination of the first lease but after this special  determination mention which if it never happen the second lease never shall  begin Anderson and Kingsmill be of that opinion that by reason of this  uncertainty the lease be void for it do not appear when it shall begin but  Walmsley Warberton and Daniel e contra for in deed such construction ought to  be make that they may well stand accord to the intent of the party and not to  be destroy and it be a sinister construction which shall destroy that which by  any kind of construction can be make good and here it may be well construe  after the intent of the party that it shall begin when the first term be  determine by effluxion of time post death of the lessee which may be at any  time after the death of the party and needs not be immediate post death for  there be not any such word therefore there be a difference where a remainder  be limit post death that ought to be immediate without any interim but  otherwise it be when a lease be appoint to commence cum to be empty to touch  post death c for then it shall begin wherever modus or whenever vacar to touch  post death and so by such construction no estate shall be destroy but the  intent of the party be preserve wherefore they adjudge it for the plaintiff  that the lease be good a see Geo c S ante croak James er p croak throw trinity  term James in the king bench sir John Popham Knt chief justice sir Edward  Fenner Knt sir Francis gawdy Knt sir Christopher Yelverton Knt sir David  William Knt justice sir Edward coke Knt attorney general sir John Doderidge  Knt solicitor general