ccv read and nashes case use can rise out of a power in a action of trespass  by read and his wife against Nash for enter into a house call the Dayryhouse  upon not guilty plead the jury find this special matter sir Richard Gresham  knight be seize in fee of the manor of I and S and of diverse other land  mention in his will and Edward devise the same to Leonard er p sir Thomas  Gresham his son for life the remainder to the first son of the say sir Thomas  Gresham in tail the remainder to the second son c the remainder to the three  son c the remainder to sir John Gresham his brother proviso that if his son go  about or make any alienation or discontinuance c whereby the premise can  remain descend and come in the form as be appoint by the say will otherwise  than for jointure for any of their wife for her life only or lease for year  whereupon the old and accustom rend shall be reserve that then such person  shall forfeit his estate sir John Gresham die sir Thomas Gresham his son build  a new house upon the land and nariae lease to Bellingford for one and twenty  year render the ancient rend and afterward Elizabeth he levy a fine of the say  manor and of all his land and Elizabeth he make a jointure to his wife in this  manner cognizant he covenant with certain person to stand seize to the use of  himself and his wife for their life and afterward to the use of his right heir  and afterward Elizabeth he lease unto read and his wife for one and twenty  year to be a year before the expiration of the say lease make unto Bellingford  which lease be expire read enter it be argue by cook that here upon the word  contain in the proviso sir Thomas have power and authority not be but tenant  for life to make a lease for year or jointure and that upon implication of the  will which ought to be take construe accord to the intent of the party for his  meaning be to give a power as well as a estate otherwise the word otherwise  shall be void and it be to be observe that the party interest in the say  conveyance be knight and it be not very likely that the say sir Richard  Gresham do intend that they shall keep the land in their own manurance as  husbandman but set the same to farm for rend and it be great reason although  he will Leonard that the order of his inheritance shall be preserve yet to  make a provision for jointure and it be great reason and cause to his family  to enable and make they capable of great match which shall be a strengthen to  his posterity which can not be without great jointure wherefore I conceive it  reasonable to construe it so that here they have power to make jointure for  their wife it have be say that no grant can be take by implication as e title  avow land be give to I and a his wife and to the heir of the body of I beget  and if l a die without heir of their body betwixt they beget that then it  remain to the right heir of I and it be hold that the second clause do not  give a estate tail to the wife by implication be in a grant but otherwise it  be in case of a devise as h and there be no difference as some conceive when  the devise be to the heir and when to a stranger but these case concern matter  of interest but our case concern a authority and admit that sir Thomas have  power and authority to make this lease then we be to consider if the jointure  be good for if it be then be make before the lease it shall take effect before  and the woman jointress be find to be alive but I conceive that this jointure  be void and then the lease shall stand for a use can rise out of a power but  may rise out of a estate of the testator and out of his will h a man devise  that his executor shall sell his reversion and they sell by word it be a good  sale for now the reversion passes by the will but a use can be raise out of a  use and a man can bargain and sell land to another use than of the bargainee  and it be like unto the case of e the disseizee do release unto the seize  render rend the render be void for a rend can issue out of a right so a use  can be out of a release by the disseizee for such release to such purpose  shall not enure as a entry and feoff also here after that conveyance sir  Thomas have build and erect a new house and no new rend be reserve upon it and  therefore here it be not the ancient rend for part of the sum be go out of the  new house but as to that it be say by the justice do not speak to that for it  appear that the rend be well enough reserve another matter be move for that  that a year before the expiration of the lease make to Billington this lease  be make to read for year to begin present from the date of it although by the  same authority he can make lease in reversion for then he may charge the  inheritance in infinitum but yet such a lease as here be he may make well  enough for this lease be to begin present and so no charge to he in the  reversion as in the case betwixt fox and collier upon the statute of Elizabeth  a bishop make a lease for three year before the expiration of a former lease  to begin Leonard er p present it be hold a good lease to bind the successor  for the inheritance of the bishop be not charge above one and twenty year in  toto bat if a bishop make a I lease for year and afterward make a lease for  three life the same be not good Elizabeth die tenant in tail leas to begin at  Michaelmas next ensue for twenty year it be a good lease by the statute of h  so be a lease for year and after for eleven year and et the statute be in the  negative but this power in our case be in the affirmative and the inheritance  be not charge in the whole with more than one and twenty year trin Elizabeth  in the king bench