case grace spark against nicholas spark Hilary term Elizabeth roll where the  title to the action be derive from the intestate a administratrix may bring  debt for rend in the definer only ante   light salk a lease for year be make  to commence after a lease for life and if the lessee for year die within the  term the land shall remain to his executor or assign for year after the death  of the survivor of the two lessee the lessee for year survive the tenant for  life enter grant a lease for year and die intestate within his term his  administratrix can bring debt for rend on the lease for year for the remainder  of year never vest in the intestate ante debt upon demurrer the case be grace  spark as administratrix of William spark her husband bring debt against  Nicholas spark for rend reserve upon a lease for year by the intestate and  declare es that one Rohert spark be seize in fee and let it by indenture to  Wilmot Juliet for life and afterward by another a   hut Cawley     light    Bulst Bulst croak Elizabeth er p indenture let it to William spark the  intestate for year if he shall live so long to begin after the death of Wilmot  Juliet who be tenant for life and further by the same deed vull et to go away  that after the decease of the survivor of the say Wilmot Juliet and William  spark or other determination of the say estate that the say land shall remain  to the executor and assign of William spark for forty year afterward Wilmot  Juliet die William spark enter and let it to the defendant for year to begin  after his death and die and for rend arrear the plaintiff bring this action in  the delineate and all this matter be disclose by the declaration the defendant  demurrer and none be present there on the defendant part Doderidge for the  plaintiff move that there be two matter to he consider first whether this  action may he bring in the to hold off by the administrator or it ought to  have be in the dehet and deti et because it never be a action give to the  intestate nor do the term commence in the time of the intestate and as to that  all the court resolve clear that the action ought to be bring in the to hold  off for the title to the action be derive from the intestate and by the  intestate S contract only and he be to have it in his right and when he have  recover it shall he asset in his band and in proof hereof be cite Henry pl  Henry pl and Henry pl second whether this lease for forty year vest in William  spark the intestate or not or whether it shall vest in his executor or assign  by purchase for if so it be clear that the administratrix can claim this  remainder as to that it be move croak Elizabeth that this be a estate and  interest vest in the intestate himself so that he have authority to dispose  thereof and in proof thereof see Edward covenant Edward Edward quid law  proclaim Edward hexi pl the court do not deliver any opinion certain herein  because none be there to argue on the other side but they all agree that if  the case be as it be put at the first that the lease be make to William spark  for ninetynine year if he live so long and if he die within the term that it  shall he to his executor and assign for forty year that in this case this term  for forty year shall not vest in William spark but in his executor by purchase  because it be a conditional limitation and a mere possibility to vest for  there be a condition precedent that it shall not he a lease unless he die  within the term which peradventure will not he for he may survive the term and  Popham say that a strong case be adjudge Elizabeth where a lease be make to  two for life remainder to he who shall survive of those two and to his  executor for forty year they both join in a grant of this yet the grant be  mdrely void because the term be not vest in any of they but in the principal  case gawdy seem to incline that this term do not vest in the intestate but it  be to he to the executor as a purchase and rely upon the reason in Graveners  case and dyer and he say that in many of the book the term be give to he and  his executor so it first vest in the testator et adjournatur a