case Amcotts against CATHERICH in the exchequer a husband seize joint with his  wife in special tail make a feoff after the death of his wife to himself for  life remainder to his son in tail but before livery to these use marry a  second wife and after livery die this second wife be not entitle to dower for  the new estate be mere in passage and never rest in the husband   light        roll ab dyer Inst Leon Leon Perk cro car b r h Bac ab see Mr butler note    light continue to trespass by quo minus in the exchequer for land in Penchard  in the county of Durham upon not guilty plead and a special verdict find at  the assize in Durham the case be that husbandand wife tenant in special tail  have issue and the wife die Matthew Amcotts the husband make a deed of feoff  to the use of himself for life and after to the use of Alexander his son in  tail and a letter of attorney to make livery before livery be make he take  Susan to wife and after liver be make to those use the husband die the tenant  endow Susan who take the defendant to husband Alexander the son enter and  bring trespass the question be whether this dower be well assign this case be  argue at the exchequer bar two several term the first question be whereas a  husband tenant in special tail with his wife have issue by her and she die and  he take a second wife make a feoff whether this second wife be dowable of this  possession and that the assignment of dower to her be good the second question  admit she be dowable yet inasmuch as this livery be make upon a deed of feoff  seal before the coverture yet execute after to the use of the husband for life  whether she be now dowable it be resolve and so adjudge that she be not  dowable for this livery do not gain to the husband any new estate but be eoden  earnestness draw out of he it do not gain to he any seize whereof his wife be  dowable for at the first before his feoff he have not any estate whereof the  wife be dowable be such a tenant in tail that his issue by his second wife can  not inherit Edward pl Edward pl then when he have not any estate before the  feoff whereof the wife be dowable he have not by his feoff gain any such  estate to make her dowable as where tenant for life make a feoff as Henry pl  or a jointtenant make a feoff as Edward dower and Tanfield cite that it be  adjudge where a marry man take a fine and by the same fine render the land to  another in tail his wife shall not be endow thereof because although he take  it in fee yet it be instant out of he wherefore here c and for the other point  it be not now questionable wherefore it be adjudge for the plaintiff croak  throw trinity term James in the king bench sir James lea Knt chief justice sir  John Doderidge Knt sir Robert Houghton Knt sir Thomas chamberlain Knt justice  sir Thomas Coventry Knt attorney general sir Robert heath Knt solicitor  general