case sir John Stonehouse and Elizabeth his wife against sir John Corbet in  waste the plaintiff show a fine to b for life to a in tail to the plaintiff in  fee that a die per quod b be seize for life and commit waste to the disherison  of plaintiff this supply the omission that a die without issue Jones roll ab  Yelv clift sand hob cro Elizabeth Leon Com dig term Rep error of a judgement  in the common plea in waste diverse error be assign concern the waste and the  proceed therein all which be overrule one main error be assign over as far as  by henden sergeant at the bar for that in the action of waste be declare that  sir Richard Corbet be seize in fee and in easter term James levy a fine of  that land to the use of himself for life and after to the use of Elizabeth his  wife for her life and after to the use of himself and the heir male of his  body and after to the use of sir John Corbet plaintiff and the heir male of  his body and to the use of the heir of sir Richard Corbet and that afterward  in Hilary term James the say sir Richard Corbet levy another fine a see also  as to this point car c which make it necessary that all lease for more than  three year shall be in write and therefore the deed or write be of the essence  of the lease see Bac Abr croak car er p of the same land to the use of himself  for life and after to the use of sir John Corbet and the heir male of his body  and after to the use of the right heir of the say sir Richard that afterward  sir Richard die and that his wife enter and be seize for term of her life the  reversion to the plaintiff and that afterward she marry sir John Stonehouse  and commit waste ad exhaereditationem of the plaintiff the error assign and  insist upon be that the plaintiff have not sufficient entitle himself to the  reversion to punish the waste because he do not allege that sir Richard Corbet  be dead without issue male and if he be not dead without issue male the  plaintiff can punish this waste and although the defendant by plead to the  waste have admit it to be to this disinheritance yet intendment shall not help  it be matter of substance croak car but it be thereto answer that forasmuch as  it be say she enter and be seize for life the remainder to the plaintiff it be  intend that sir Richard be dead without issue also be allege it to be do to  his disinheritance that can be if the other have any issue alive and the  verdict have find it to be to his disinherison by which it be to be intend  that Richard die without issue wherefore Berkley and myself hold it to be no  error but Jones doubt thereof afterward upon another motion it be adjudge that  the first judgement shall be affirm vide Edward pl Edward pl Elizabeth die    recently c