coke b WHITTINGHAMS case hill Elizabeth if there be lord and infant tenant and  the infant make a feoff in fee and execute it by livery of seize by his own  hand and afterward die without heir the lord shall not take benefit of any  escheat in that case but if the feoff be execute by letter of attorney it be  void and the land shall escheat privy in blood shall take benefit of infancy  privy in estate unless in some special case shall not take advantage of  infancy there be a difference between a title of entry by reason of a  condition and a right of entry by reason of infancy nun shall take benefit of  the infancy of his ancestor but he who have a right descend to he from the  same ancestor but the heir may take benefit of a condition although no right  descend from the same ancestor privy in law shall never take benefit of  infancy if the estate of the infant have be upon condition to be perform by  the infant and the condition have be break during his minority the land have  be lose for ever note the difference between condition in fact and condition  in law note that a condition in law by force of a statute which give a  recovery be strong than a condition in law without a recovery the case in the  starchamber hill Elizabeth be that Richard Whittingham be seize of three  message c in Crayford in the county of ken hold of the queen in socage as of  the manor of Newberry in Crayford in fee and by his will in write devise they  to prudence his bastard daughter and her heir and die prudence be within age  of year by deed as be pretend do feoff Stephens and other of the say tenement  in fee and die within age without issue and whether this feoff shall prevent  the queen of her escheat be the question and on consideration have with the  two chief justice it be resolve that if there be lord and a dyer pl   a   b  post a Inst e a h b h b Bulst a infanttenant and the infant make a feoff in  fee and execute it by livery of seize by his own hand and afterward die  without heir that the lord shall not take benefit of any escheat in that case  a recog send for per the Lord keeper burgess v wheat the attorneygeneral v  wheat Eden in which case the Lord keeper observe the law seem to have have no  regard to the tenant right to the land but only to his right of seize and  therefore in every case where the tenant be seize de jure no escheat can  happen on the death of that person without heir who have undoubted right to  the land a and as to that it be to be know that there be three manner of a    light a Jones   a   b a Inst a privity sure privity in blood privity in estate  and privity in law privy in blood be mean privy in blood inheritable and that  be in three manner know inheritable as general heir inheritable as special  heir and inheritable as general and special heir privy in estate be as  jointtenants husband and wife donor and donee lessor and lessee c privy in law  be when the law without blood or privity of estate cast the land upon one or  make his entry lawful as the lord by escheat the lord who enter for mortmain  the lord of a villain c and first privy b Bulstr Inst roll Rep palm Mod b  inheritable as general heir shall take benefit of infancy and therefore if a  infant tenant in feesimple make a feoff and die his heir shall enter coke a  the same law of he who be heir general and special as if a man give land to  one and the heir male of his body and the donee within age make a feoff in fee  his son who be heir general coke report b er p and special shall enter the  same law of he who be special heir and not general as if in the same case the  donee have issue two son and the elder have issue a daughter and the donee die  and the elder son within age make a feoff and die without issue male the young  be special heir per form gift and shall avoid his brother feoff although he be  not general heir because he be privy in blood and have the land by descent so  if land be give to one and the heir c   light b c female of his body and the  donee have issue a son and daughter make a feoff within age and die the  daughter be heir special to who the right of entry descend shall enter and not  the son who have nothing by descent so of the heir in d   light b d borough  English for in all case when any claim by descent as special heir he shall  take benefit of a right of entry which descend to he for the infancy of his  ancestor the same law if his ancestor be non compos chin at the time when he  make the feoff because in these and the like case the heir general can enter  because no right or title descend to he but the right descend to the special  heir so if tenant in tail within age make a feoff in fee and be e   light a  palm e attaint of felony in that case the issue shall enter for the infancy  yet he be not general heir for the blood be corrupt also privy in f   a roll  Rep Bulst Inst contra h b f estate unless it be in some special case shall not  take advantage of the infancy of the other and therefore if donee in tail  within age make a feoff in fee and die without issue the donor shall not enter  because there be privity betwixt they only in estate and no right accrue to  the donor by the death of the donee so if a   light b h b roll Rep a two  jointtenants be in fee within age and one make a feoff in fee of his moiety  and die the survivor can enter by reason of the infancy of his companion for  by his feoff the jointure be sever so long as the feoff remain in force and  therefore in such case the heir of the feoff shall have dumb to be infra tatem  or shall enter into the moiety but if b roll Rep light sect   light a palm e a  b b two jointtenants be within age and they join in a feoff in such case a  joint right remain in they and therefore if one die the right shall survive  and the survivor shall have the right of the land as from the first feoff and  thereof I conceive with Littl cap c light sect sect light fol a b   light a    light b c discontent that the survivor may enter in respect of the right  accrue to he otherwise this mischief will follow that the heir of that feoff  who die can enter because the right do survive nor shall coke b the survivor  enter because he shall not take benefit of the infancy of his companion but  that the survivor shall be drive to his writ of right which without doubt he  may have because after the feoff the jointtenants may have join in it and if  the husband within age make a feoff in fee and die the heir of the husband can  enter to avoid this feoff because nothing descend to he from the husband for  the law do not respect what estate the ancestor give but what estate he have  before the gift and what right and title the ancestor leaves to descend to his  heir and therefore if a infant be tenant in tail and make a feoff in fee and  die without issue his d roll d collateral heir can enter to avoid this feoff  for although by his feoff be give feesimple yet when be die without issue  nothing descend to the heir in respect of which he can enter b in zouch v  parson burr Lord Mansfield say there be no difference in this respect between  the heir in tail and the remainderman neither claim under he who act be in  question but both claim per form gift b so if land be give to one and the heir  female of his body and he have issue a son and make a feoff in fee and die  within age without issue female the son shall not enter in this case for the  say infancy because no coke report a er p right descend to he so if a infant  be tenant pur e   light b e auter vie and make a feoff in fee and beneficiary  and vie die the infant or his heir shall never enter upon the feoff but be in  reversion or remainder but forasmuch as the infant himself during his life may  have enter upon the feoff in the right of his wife only and not in respect of  any right which he himself have it seem reasonable with Littleton fol that the  wife in the say case when the f light sect   light b a light a palm f husband  within age make a feoff in fee may enter in her own right in which right her  husband may have enter and eastern rather because the husband heir can enter  but if the husband within age take a wife tenant in general tail and make a  gift in tail to another by which he gain a new reversion in fee there the  entry be give to the wife for the cause aforesaid I e that the husband may  have enter in her g   light b a g right also the heir of the husband who have  the new reversion defeat the estate tail give by the infant present the new  reversion by act in law vanish from the one and vest in the other a   light b  a a and the wife by operation in law shall be present seize of her ancient  estate for when the estate tail be defeat which be the cause of gain the new  reversion the heir can have the estate which his ancestor have before the gift  for his ancestor before the gift have nothing but in the right of his wife  which determine by his death as it be hold in h a b Fitzherbert Entre  congeable Br Entre congeable Br condition Br discontinuance h where the case  be that a man seize of certain land in the b   light a b right of his wife  make a feoff thereof by deed indent to certain person upon condition coke a  that they shall lease the land again to the husband and wife for their life  with diverse remainder over in tail the remainder to the right heir of the  husband and afterward the husband die the feoff lease the land to the wife for  life with remainder over in tail the remainder to the right heir of the wife  where it shall be to the right heir of the husband and in that case it be  resolve that for the condition break the c   light b a Fitzherbert entry  congeable Br entry congeable Br condition Br discontinuance c husband heir may  enter for although no right descend to he from the husband who estate  determine by his death yet the title of condition which he himself create on  his feoff and reserve to he and his heir shall descend after his death to his  heir and so a difference between a title of entry by reason of a condition and  a right of entry by reason of infancy for none shall take benefit of the  infancy of his ancestor but he who have a right descend to he from the same  ancestor but the heir may take benefit of a condition although no right  descend to he from the same ancestor three other point be in a manner resolve  in the say case of d h b a b d h that when the husband heir enter for the  condition break thereby the feoff which make the e Br discontinuance e  discontinuance be defeat and by consequence the discontinuance itself be  defeat that after the heir of the husband have enter for the condition break  the estate of the heir vanish c Vid the judgement of Abbott CJ in do v Bateman  barn and Ald in which case it be hold that where a be possess of a term of  year demise his whole interest to b subject to a right of reentry on the  breach of a condition he may enter for the condition break although he have no  reversion   light a b light sect c and the estate be   light a b light sect f  immediate revested in the wife without entry or claim make by her for the heir  enter by force of the condition and not in respect of any right and there two  case be put to prove it if tenant for life make a feoff in fee upon condition  who enter for the condition break now the feoff be avoid and by consequence  the reversion present by the entry revested if the husband coke report b er p  himself have enter for the condition break it have revested the estate in the  wife the three point observable in the say case of g h b a b g h be that  although the wife have accept a estate for life and so conclude herself by  acceptance to have any who in vita yet when the estate which she have take be  defeat by the condition the conclusion by the acceptance be also avoid vide  Littleton cap discontinuance privy a palm   b   a roll Rep h a Br entry  congeable palm Bulst Inst b roll Rep Bulst d Vid note a to beverley case   a c  palm a in law as lord by escheat c shall never take benefit of the privity of  infancy because he be a stranger to he and when the infant die without heir  the feoff be unavoidable the same law of b roll Rep Bulst b coverture and non  san memory d Vid note a to beverley case   a d and so you will better  understand your book in Edward dumb to be infra tatem f n b e dumb to be infra  tatem e c palm c brey e Edward coke b Edward h h h h Elizabeth h h the  abridgement of the book of assize b h it be also resolve that if the estate of  the d Bulst d infant have be upon condition to be perform by the infant and  the condition have be break during his minority that the land have be lose for  ever note reader as to that it be to be know that there be e hard roll Rep e  two manner of condition sure a condition in fact that be express as to pay  money or to do or not to do some other act c and condition in law that be  imply also condition in law be of two nature sure f hard   light b f by the  commonlaw and by the statute and condition in law by the commonlaw be in two  sort one of which be find upon a confidence and skill and the other without  confidence or skill condition in law by statute law be also of two quality  sure when the statute for execution of the condition in law give recovery and  when the statute give a entry and no recovery as to the condition in law which  be find upon g   light b hard Cr car   light b Carth g skill and confidence as  the office of parkership stewardship c in fee which descend to a infant or a  femecovert if the condition in law annex to the say office be break it shall  bar the infant and femecovert for ever the same law of liberty and franchise  but if the infant or femecovert be lessee h roll   light b godb h for life or  tenant by the courtesy or tenant in dower and the infant or the husband of the  wife make a feoff in fee and the lessor enter for the forfeiture as he may yet  it shall not bar the infant or femecovert but that the infant or femecovert  after the death of the husband may enter for that be by force of a mere  condition in law without any skill and confidence annex to the estate if a  infant or feme covert lessee for life commit waste and the lessor recover in  au action of I blow b   light b   light a f n b I waste it shall bind the  infant and feme covert for the statute give the action to recover the land the  same law of king Plowd b Inst king cessavit and of other like case as if a  infant be gaoler and suffer a escape there a action lie but if the condition  in law be by force of a statute law which give a entry and no action as l Inst    light b l if a infant or husband seize in the right of his wife alien in  mortmain there although the lord of who the land be hold enter yet the right  of the infant or feme covert be not bar no more than in the case of a  condition in law by the commonlaw which be ground upon the alienation of the  infant tenant for life or of the husband c where entry to the lessor be give  by the commonlaw and so you will better understand your book in ass pl Br  covert blow coke report a er p Com stowell case doctor and student lib fol  vide Edward age Edward Edward Edward age Edward coke a note reader that a  condition in law by force a   light b e per Litt a of a statute which give a  recovery be strong than a condition in law without a recovery for b   light b  b if lessee for life make a lease for year and afterward enter into the land  and commit waste and the lessor recover in a action of waste against the  lessee for life he shall avoid the lease for year make before the waste commit  c   light b vin ab estate you b c but if lessee for life make a lease for year  and afterward enter and make a feoff in fee the less or shall not avoid the  lease for year so if the tenant make a lease for year and afterward be attaint  of felony or die without heir the lord by escheat although be recover by writ  of escheat shall not avoid the term but afterward it appear in the principal  case that the say suppose feoff of the say prudence be execute by letter d  ante b Inst   b d of attorney make by the say prudence wherefore it be resolve  that it be void and that the land do escheat to the queen