bone against Stretton the case be this a man seize of two acre of land make a  lease for year of one acre to one and another lease for year of the other acre  to another and then be enter and make a feoff and several livery upon the  several acre and one of the lessee be present do not assent to the say livery  and the use of the say feoff be to the use of his last will and then he  declare his last will and by that recite the say feoff and then declare the  use of that to be to the use of himself for life the remainder over to a  stranger and after the tenant for year which do not assent to the livery grant  his estate to the feoff and the feoff die and Nichols sergeant move first that  this enures as a grant of reversion and that the grant of the particular  tenant enures first as a attornment and then as a surrender of his estate as  if it have be a express surrender and all the justice agree that this do not  enure to make attornment and surrender as express surrend er will for a  express surrender admit the reversion to be in the grantee to who the  surrender be make but in this case before attornment the grantee have nothing  and after attornment the particular estateebeing grant it shall be drown in  the reversion Harris sergeant the word of the devise be that his feoff and all  other Brownlow goldsborough person which after his death shall be seize shall  be seize to the same use before declare and of one acre be have not any feoff  for of that the feoff be void and yet it be agree that the devise be good as  Lyngies case be in h cite bk Anderson in Welden and minion case commentary b  and he argue that though that when a conveyance may enure in several course  yet it can enure for part in one course and part in another course and for  that this devise enures as a devise of land for one acre and declaration of  the use of the feoff for another Brownlow goldsborough er p acre for it be  agree in sir Roland Haywards case coke coke sir Edward clear case and also in  this case the devisor have make express declaration that the land shall pass  by the feoff and that the will shall be but a declaration of the use of the  feoff and for that nothing shall pass by the devise with which the justice  seem to accord and cite a case to be adjudge in the king bench Elizabeth where  the father give and grant land to his son and his heir with warranty and make  a letter of attorney within the deed to make livery and adjudge that that  shall not enure as a covenant to raise a use for that that it appear by the  letter of attorney that his intent be that that shall enure as a feoff and not  as any other manner of conveyance see Elizabeth dyer Xaster cromwell case and  so it be adjudge accord Hillary James in the common bench