coke b WHITLOCKS case hill James which begin mich James rot in the common plea  under a power to make a lease or lease grant or grant c as well in possession  as in reversion of certain tenement or any parcel thereof c with a proviso  that such lease or lease grant or grant shall not exceed the number of three  life as most or twentyone year and so as the ancient and accustomable annual  rend shall be reserve the premise be at the time of the creation of the power  demise to one b for life a lease may be make for ninetynine year determinable  on two life to commence after the death or determination of the estate of b  and a reservation of a annual rend to the lessor who be tenant for life his  heir and assign and to such person and person to who the premise demise after  the death of the lessor shall belong during the say term be good under a power  to lease for three life a lease for ninetynine year determinable on three life  be not good coke report a er p the most clear and sure way be to reserve rend  during the term without a express reservation to any person SC Brownl Vid the  entry   Ent nu roll Rep Bulstr touch Bridgm in a replevin between John chapel  plaintiff and William Whitlock defendant for take of a gelding in ring ash in  the county of Devon in a place call cony park the defendant avow the take in  the place where c as in his freehold for damage pheasant the plaintiff in bar  of the avowry plead that one William Whitlock the elder be seize of a message  acre of land acre of wood and acre of heath in Ringsash aforesaid in fee  whereof the place where be parcel and demise the say tenement to one John  bullhead for his life by force whereof he be seize for life the reversion  expectant to the say William Whitlock the elder and the say William Whitlock  the elder of Mars Elizabeth by his indenture tripartite in consideration of a  marriage to be solemnized between William Whitlock the young and Margaret  daughter of John Bolter covenant and agree by the say indenture that the say  William Whitlock the elder before the Feast of the birth of Christ next ensue  will assure and convey to Leonard Yeo and Anthony Whitlock and their heir the  tenement aforesaid to the use intent and purpose express and declare in the  say indenture and to no other use or intent videlicet till the say marriage to  the use of the say William Whitlock the elder and his heir and after the say  marriage to the use of William Whitlock the elder for his life without  impeachment of waste and afterward to the use of the say William Whitlock the  young and the heir of his body and afterward to coke a the use of I Whitlock  and his heir et per eanq indenturam beyond to see in advance concession et  agrealumfuit quod to be for sale et licilumforetprod will Whitlock sen ad some  tempt extunc to make dimission England lease sive dimission permission sive  permission tam in possession how in reversion de property prod cumpertin unde  c inter alian sive de aliquan part ind proviso always quod pace dimissi sive  dimission permission sive permission non to super rhythm three life ad majus  well twenty et One a year et ita quod super however ankle dimission et  dimission permission et permission maxim antiq et consue annual return heriot  et the condition of a slave sive plus To give back et to keep back solubil  duran dict dimissions sive dimission concession sive permission and that the  say Leonard and Anthony and their heir shall stand seize c to the use of every  such fermor c and afterward maii Elizabeth the say William the young and  Margaret intermarry and afterward Trin Elizabeth William Whitlock the elder  levy a fine of the tenement aforesaid accord to the same indenture to the use  therein contain by force whereof and of the statute of use the say William  Whitlock the elder be seize of the reversion of the say tenement c for his  life the remainder over accord to the say indenture and the say William  Whitlock the elder so seize September Elizabeth to send different ways cuidan  Christian hearne tenem prd cumperfin unde c inter alian habend et seize eiden  Christian et assignat nest pro term to swim up plenary PostCommunion et  finiend siprd Christiana et quid Peter Raltenbury sive the dawn alter tam day  live to touch the same term to commence after the death or determination of  the estate of the say John bullhead reddendo et solvendo pro ind annuatin post  start speech dimission prfato will Whitlock sen hred et assign nest et tali  personce et mask quib hereditament promiser post death prd will Whitlock sen  de jure to look on seu to stretch out durante speech boundary S ad quatuor  maxim usual festa annuatin solvendo c and the plaintiff justify under the say  lease and aver the life of the say Peter Rattenbury and that the most ancient  and accustom yearly rend heriot old woman service c be reserve c upon which  the avowant do demurrer in law and in this case two question be move whether  William Whitlock the elder have pursue his authority or not in make the say  lease for year determinable on the say two life whether the say reservation of  the rend be accord to the say ita quod c and as to the first it be object that  the authority be distinct know either to make a lease not exceed the number of  three life or for twentyone year by which coke b it appear that the intention  be either to make a lease for three life c or if he will make a lease for year  coke report a er p that it ought to be for twentyone year but in the case at  bar the lease be not for three life c nor for twentyone year but for  ninetynine year if two or either of they shall so long live and so his  authority not pursue and if a one have power to make a lease for three life he  can make a lease for ninetynine year determinable upon three life c quod to be  concession per totan curian a but it be answer and resolve by the court that  in the case at bar the lease be good and the power which the lessor have be  well pursue for the proviso of creation of his power to make lease be in the  beginning absolute affirmative and indefinite sure to make a lease or lease  grant or grant c as well in possession as in reversion of the tenement or any  parcel thereof c which be without any limitation then the proviso of  correction be add sure so that such lease or lease grant or grant shall not  exceed the dumber of three life at most or twentyone year which clause be  negative and qualify the generality of the first proviso so that the power by  the first be general and by the second the lease ought not to exceed three  life c and when the lease be make for ninetynine year determinable upon two  life it do not exceed the number of three life although in truth it be not a  lease for life the power be to make lease as well in possession as reversion  with the limitation aforesaid and a lease for three life can be make in  reversion but a lease for year determinable upon life may and the lessor  himself have but a reversion expectant on a estate for life at the time of the  creation of the say power so that the intention a roll roll Rep roll touch a  in rattle v Popham strange SC Cunn it be decide accord to the resolution in  Whitlocks case that a power to grant a life estate be not well execute by a  lease for ninetynine year determinable on a life in zouch v Woolston burr Lord  Mansfield say that in the case of battle v Popham the court think themselves  bind by Whitlocks case and hold the lease not to be warrant by the power the  widow bring her bill in the court of chancery and Lord Talbot argue from the  same premise the power and the lease without any other circumstance hold the  lease to be warrant by the power he say it be not a defective but a blunder  execution and be decree the defendant to pay all the cost both at law and in  equity in Shannon v broad street Scho and Lef Lord Redesdale observe that if  Lord Mansfield find fault with the decision in battle v Popham as he be  represent to have do be think with deference there be no ground for the remark  from a ms note of the case in App No to Sugden on power it appear that Lord  Talbot admit that the power be not well execute at law but relief be give  against the defective execution on the general rule of equity Vid Sugden OD  power d Edward in roe v Prideaux east where a power authorize a lease for any  number of year not exceed twentyone year or for the life or life of any two or  three person or person so as no great estate than for three life be at any one  time in be in any part of the premise the court hold that the power authorize  a lease for year but not a lease for year determinable on life the court rely  upon Whitlocks case and treat the case of battle and Popham as well decide at  law the result of the authority Sugden on power d ed appear to be that subject  to the distinction take in Whitlocks case where a freehold interest be  authorize to be appoint under a power a different species of estate although  less valuable as a term for ninetynine year determinable with the life can at  law be grant but that in equity such a execution will be support because less  than the power be effect and it clear appear how much less if the appointees  shall outlive the ninetynine year the estate as to the residue of his life  will be undisposed of and will go over to the remainderman or other person  entitle in Isherwood v Oldknow m and S the court hold that when a power  authorize a lease for twentyone year without say for any term not exceed  twentyone year a lease may be make for fourteen year or for any number of year  less than twentyone the covenant enter into by the lessee with the donee of  the power his heir and assign will under stat h c enure to the remainderman  who may maintain a action on they Isherwood v Oldknow ub sup coke report a er  p of the party be not to make a lease for year absolute for twentyone year but  any term of year determinable upon three life c which be in equipage with  twentyone year he well may and the difference be take and agree between a I  particular power affirmative and a general power restrain with a negative for  it be true that if one have power to make a lease for three life or twentyone  year he can make a lease for ninetynine if three shall so long live c but if  he have power to make any lease or grant provide such lease or grant shall not  exceed the number of three life or twentyone year there he may make a lease  for ninetynine year if three shall so long live for that do not exceed the  number of three life but in truth be less for every term for year which be but  a chattel be less in estimation of law than a estate for life which be a  freehold as to the second poin t it be object that the say reservation be such  that it be not Payable during the say lease as it ought but only during the  life of the lessor for he have but a estate for fife reserve the rend to he  and his heir and his heir can have it and the coke a latter word sure to such  person and person who have the inheritance of the premise c be mere void for  no rend can be a hob roll   Litt a b a cro car a reserve but to the lessor  donor or feoff and his heir who be privy in blood and not to any who be privy  in estate as to he in reservation remainder c but it be resolve that the ante  a   a Plowd reversion in the case at bar be good for the say lease have not  its essence from the estate of the lessor which he have for life but the lease  have its essence out of the say fine and in construction of law b more b  precede the estate for life and all the remainder for after the lease make it  be as much as if the use have be mud take original to the lessee for the say  term and then the other limitation in construction of law follow it and that  be the reason that the usual clause in such indenture be that the conusees and  c ante a Bridgm c c their heir shall stand seize to the use of such lessee c  so that the lessee in the case at bar derive his estate out of the estate  which pass by the fine then when the lessor reserve rend to he and his heir it  be good for that by construction of law precede the limitation of the use and  then it be well reserve it be well transfer to every one to who any use be  limit b Acc hotley v Scott loft Campbell v leech Ambl where the power be to  lease with or without fine and render such rend and service as the donee shall  think fit no rend need be reserve Talbot v Tipper Skinn b so if the  reservation be to the lessor and to every person to who the inheritance or  reversion of the premise shall appertain during the term that be likewise good  for the law will distribute it to every one to who any limitation of the use  shall be make and in such case no rend be reserve to a stranger for the  reservation precede the limitation of the use to stranger but it be agree that  the most clear and sure way be to a Inst a Hardres Jones Plowd sand h b Goldsb  a reserve rend yearly du ring the term and leave the law to make the  distribution without a express reservation to any person but it be resolve  that all the say three several way be good enough and effectual in law