CCCXCI coal and friendship case lease assignment in ejection strong the case  be that Fricarrock be seize and by indenture betwixt himself of the one part  and one friendship his wife and the child betwixt they beget at the assignment  of the husband of the other part lease the say land Leonard er p to the say  husband his wife and their child at the assignment of the husband for year  they have at the time of the say lease but one child I a son afterward they  have many child the wife die the husband by his will assign his second son  bear after the make of the lease to have the residue of the say term and by  the opinion of the court nothing can come to the say son by that lease or by  that assignment for if the interest do not vest at the beginning it shall  never vest and afterward it be move in as much as nothing can vest in any of  the child bear after the lease make if these word at the assignment of the  husband shall be void and then the case shall be no more but that land be  devise to the father and mother and their child at another day videlicet Trin  Elizabeth the case be move again and as to the first point the court be of  opinion as before that the child assign after the lease make shall not take  and then it be move that because friendship and his wife at the time of the  make of the say lease have one son that he shall take with his father and  mother and that the word at the assignment of friendship shall be void be  matter of surplusage and the word child a good name of purchase but the whole  court be against that conceit for these word in the case at the assignment of  friendship be not void but show what person shall take if the intent of the  party shall take effect I he who the father by assignment shall enable for no  child shall take but he who the father shall assign that be part of the  contract and although by such assignment no title accrue to the child assign  yet without assignment no child be capable for by the lease the father have  such liberty that he may assign what child be will and Leonard by Wray if the  word of the lease have be at the assignment of the father within one month and  the father surcease his month the interest shall not vest in any of the child  and by ailiff justice if the word of the lease have be to the husband and wife  and their son John where his name be William nothing shall vest and  peradventure in this case at the bar if the father have assign his son then  bear and have assign he before or at the time of the lease I the delivery of  the lease it have be well enough note that this action be bring by coal lessee  of the son of the husband and wife bear at the time of the lease make and  afterward Wray with the assent of all the rest of the justice give judgement  that the plaintiff nothing to take in hand per billam Len before