case hardy against pawling Michaelmas term car roll b r if tenant in tail  discontinue the estate by make a grant for life not warrant by the statute  Henry c and die without issue a surrender make by the tenant for life to the  remainder man in tail will not purge the discontinuance and therefore he can  bar his issue in tail by suffer a common recovery with single voucher for not  be remit to his estate in tail by acceptance of the surrender he be not in  possession but a lease for year make by such remainder man in tail to commence  after the grant for life shall be good against he by estoppel SC vent SC skin  error on a judgement in the court of common plea in replevin for cattle take  at Southpetherwin avowry that the place where be three acre parcel of a  message or tenement with the appurtenance in Tregovile in the parish of  Southpetherwin and that Thomas Tregedwick be thereof seize in the twentyfourth  year of queen Elizabeth and convey the same to Mohun and Courtney and their  heir to the use of himself for life and afterward to Nicholas Tregedwick his  son and the heir of his body and afterward to Joan cook in tail and after that  to Roger Tregedwick in tail and to John Tregedwick in tail and afterward to  William low and John Tresey in fee that Thomas die seize that Nicholas enter  and the last day of November in the thirtyfirst year of queen Elizabeth demise  the message to William jordan and grace jordan during the life of they two and  the long liver of they that Nicholas on the ten of January in the first year  of James the first have however be late determine that a subsequent marriage  and the birth of a posthumous child the wife of the testator be grossement  enceint at the time of his death be a imply revocation of a will mich term Geo  term Rep to but marriage alone be a revocation of the will of a feme sole  Hodesen v Lloyd brown c c that and see Ewbank v Hattenwell bro can Ch lawrance  v Wallis bro Cas Ch a see Peat v chapman vezey shower KB er p die without  issue the reversion descend to Joan cook who on the eighteenth day of march in  the sixteenth year of James the first for service do her by jane mallet and  for money pay do grant to Trefusy and Samson the message for ninetynine year  if jane millet shall so long live to begin at the end of the former lease to  jordan render eight shilling annual and shower KB two capon at Michaelmas  every year of the value of two shilling and one day work in seedtime and one  day work in harvest and afterward William and grace jordan surrender to Joan  cook and Christopher her son their estate upon condition for payment of one  hundred pound saint April James by which Joan cook be seize that she and her  son Christopher mich James suffer a common recovery with a single voucher  which recovery be to the use of Joan cook and her heir and that afterward Joan  cook and her son Christopher and Nicholas the son of Christopher and Anthony  cook and Leonard Tresey for S d grant the message c by deed to William hardy  and his heir that William and grace jordan do attorn that William hardy die  leave John hardy his son and heir John hardy demise to John Hicks and his heir  that grace and William jordan die that trefusis and Samson enter then John  Hicks die and the land descend to John his son who by his will in write devise  it to the aforesaid John hardy and his heir and die and justify the take for  five year rend videlicet fortyfour shilling per annum hereto there be a  demurrer and judgement quod nil to take in hand per breve and writ of enquiry  accord to the Oxford Act car c and no judgement de retorno to have pollexfen  for the plaintiff take two exception to the plead as to its form first that in  the avowry the surrender be say to be to Joan and her son Christopher whereas  the reversion be in Joan alone second it be say that Joan and other do feoff  and grant to hardy whereas of their own show Joan only have the title as to  the substance the case stand thus tenant in tail make a discontinuance for  life the reversion in fee descend to the tenant in tail in remainder then he  make a lease render rend and the tenant for life surrender upon condition to  he then a recovery be have with a single voucher to the use of c then the  tenant for life die and a avowry be for the rend now if the tortuous reversion  be go then the rend be likewise go a the discontinuance be but upon a  condition and that defeat shower KB the entry of the rightful party be lawful  b the estate for life be go and Joan remit and so she be tenant in tail he  agree that where the discontinuance be in fee the take back of the estate will  not do it the recovery be nought because Joan only be tenant by jordan  surrender the discontinuance be go by the remitter the rend on the lease for  year be go c by the surrender the estate for life be extinct and therefore  Joan cook must be remit and the condition annex to the surrender can binder  the remitter for the discontinuance be once purge can never be revive if Joan  be remit the rend be go because the wrongful reversion on which it depend be  go for there ought to be a privity of estate to preserve the rend which fail  here d and if there be no remitter then Joan be not in as tenant in tail but  of a tortuous estate by discontinuance and come in as tenant to the praecipe  and not as vouchee the recovery be nought e he agree that if she have be  tenant in tail her son join as tenant to the praecipe will not vitiate the  recovery accord to the case eure v snow f then as to the plead it be double g  Mr sander for the defendant agree it a remitter but argue that the rend con a  light sect   light b   c   light d   light more e Cuppledikes case   f Plowd  viner Abr Cresa on recovery g partridge v strange dyer pl king v corporation  of the Trinity house Trinity term car side keb shower KB er p tinued  notwithstanding for that the rend be good against Joan and by the common  recovery it be confirm and the feoff shall never avoid it h Adjournatur it be  afterward argue again and a difference be take be insist on between a rend  issue out by way of reservation and the grant of a rend the Lord chief justice  declare that there can be no remitter against a party nonacceptance where the  person be of full age and his entry not lawful and Joan cook be not remit the  recovery can not bind the issue in tail for she be then seize of another  estate videlicet a tortuous fee she be a tenant to the praecipe otherwise if  she have be a vouchee shower KB quaere this case and see the book Adjournatur  I