cclxxix the lord paget case in a to point out de law the case be declaration  of use use can rise out of a possibility use what it be Thomas Lord paget  father of William paget be seize of the manor of Burston and diverse other  manor in three several county in his demesne as of fee and so seize by  indenture between the say lord of the one part and Trentham and other on the  other part and in consideration that the say Trentham and other with the  profit of the say manor shall pay his debt and such sum of money which be  contain in such a schedule and which he shall appoint by his last will  covenant to stand seize of the say manor Leonard to the use of the say  Trentham of one Eusal c for the term of four and twenty year and after the  expiration or end of the say term of twenty four year unto the use of the say  William paget his son in tail with diverse remainder over and afterward the  say Lord paget be attaint of high treason it be here hold and agree by all the  justice and by the council of both side that the use limit to Trentham and  other be void for here be not any consideration sufficient to raise a use for  the money which be appoint for the payment of his debt be to be raise of the  profit of Leonard er p the land of the say lord which be not any consideration  on the part of Trentham and other but if the consideration have be that they  with the profit of their own land shall pay the debt c it have be a good  consideration it be agree also that the term for twenty four year to Eusal be  void for want of sufficient consideration and then it be move if this lease be  void the use limit to the say William paget son of the say Lord paget shall  begin present upon the death of the Lord paget or shall expect until the  twenty four year be encurred after the death of the Lord paget or not at all  and it be argue that a use to be raise upon a impossibility shall never rise  as if I covenant to stand seize to the use of b and his heir after the end of  the term for year which I S have in the manor of d whereas in truth I S have  not any term in it the say use shall never rise so here no use to the son can  rise for the lease for twenty four year shall never end for it never can begin  for want of sufficient consideration as be aforesaid and if the say use in  tail shall at all rise it shall not rise before the expiration of the say  twenty four year as if I covenant to stand seize of certain land to your use  when my son and heir shall come to the age of one and twenty year now if my  son die before such age the use shall not b gin before the time in which my  son if he shall live shall attain unto his say age Egerton the queen solicitor  use may be limit to begin at time certain before which they shall not begin  and so in our case the use in tail be limit to begin when the term of twenty  four year be end and therefore until the term be end no use shall rise and the  use be limit to rise upon the end of the time or term of four and twenty year  and not upon the end of the estate and so William paget have begin his to  point out de law before his time the Lord paget have but a estate for life and  if so then the remainder be not contingent use but vest present as if a man  covenant that after his death his son and heir shall have his land now the  father have but a estate for life and the inheritance be vest in the son cook  I covenant that after twenty four year end I and my heir shall stand seize to  the use of my son c there the use in fee do vest in my son present so I  covenant that after my death I and every one who shall be seize c shall be  seize of the say land to the use of my brother the say use shall rise to my  brother present I devise that after the death of such a monk I S shall have  the land nothing passes to I S till the death of the monk but if the land be  devise to a monk for life and afterward to another in fee the devisee in fee  shall have the land present manwood a devise or use limit to one for life the  remainder in tail the first devisee do disagree cook the remainder do vest  present manwood I devise land unto one until my son come of full age cook the  remainder do vest present Manw a use limit to one to begin at mich next the  remainder over if in the mean time the lessee obtain the good will of I S  which he can obtain the same remainder be not good and if one covenant to  stand seize to the use of Salisbury plain for the life of I S and after the  remainder to a it be a plain case that he in the remainder shall take present  h beneficiary and use will that his feoff shall make a estate to a for life  the remainder   c in fee a will not take the estate c shall Leonard have a  subpoena against the feoff after the death of a see there the case and if land  devisable be devise to one for life the remainder over to another in fee and  the devisee for life do refuse quaere if the devisee in remainder shall enter  present see Fitzherbert subpoena and also he put the case where land be devise  to a monk for life the remainder over to another in fee be in the remainder  shall enter present see the same case in Perkins for the monk never take any  thing by the devise and notwithstanding that there be not any particular  estate upon which a remainder can depend yet the intent of the devisor shall  be observe in as much as it may and the particular estate limit to the monk be  mere void of which every stranger shall take advantage c and it be resemble to  a case in baintons case where a use in remainder limit upon good consideration  shall be good in law although the particular use be not ground upon good  consideration so fail and he urge a case allege by Popham in the case of the  earl of Bedford that if in cranmres case the estate for year limit to the  executor have be limit to administrator it have be mere void and the use in  tail limit in tail shall begin present that be by Leonard er p reason of the  interval betwixt the death of Cranmer the take of the letter of Administration  in which mean time there be not any person capable and therefore the remainder  shall vest present which be a fit case to prove the case at bar and he  remember that in the argument of cranmres case Lovelace sergeant will have a  occupancy in the case of such a term limit to administrator quod all men  justice to say no and in the say case of Cranmer it be hold that the lease for  year be void the estate in the remainder do begin present without expect the  effluxion of the year c and true a term import in itself a interest but if the  limitation have be after the term of twenty four year c the same imply but a  bare time and to that purpose he cite the case h Br exposition a leas to b for  ten year it be covenant betwixt they that if b pay unto a within the say ten  year one hundred pound that then be shall be seize to the use of b in fee b  surrender his term to a and within the say ten year pay the one hundred pound  to a here b shall have fee for the year be certain contrary if the covenant  have be if he pay within the term Popham attorneygeneral contrary the use  shall not go beyond the contract here the term do not vest in that it be limit  for want of sufficient consideration of the Lord paget the intent be not that  his son shall have possession of the land before the term of year expire a use  be a thing in conscience accord to confidence to be guide by the intent of the  party upon such case at the commonlaw W paget shall not have a subpoena before  the year expire and this word term do not alter the case and there be a great  difference betwixt a use raise by feoff and a use raise by covenant for in the  first case the feoff do dipossess himself utter if it take not effect to one  purpose it shall take effect to another purpose but in the case of a covenant  it be otherwise for the use rise accord to the contract not otherwise here the  contract be that W paget shall have the land not immediate after the death of  his father but after the year expire Owen sergeant it have be agree of both  side that every use shall go accord to the intent of the party and here it  appear that it be the intent of the Lord paget to put all the use out of  himself and I see not any difference betwixt a use raise by covenant and a use  raise by feoff for a use limit utrovis modus to Paul steeple for the life of a  and after to the use of b in fee the first use be void but the second good and  here the meaning of the Lord paget plain appeal for there be a proviso in the  indenture that after the say debt and legacy pay the use limit for year shall  cease and Leonard it be express aver that they be pay h a leas for life the  remainder in tail to himself the remainder over to a stranger in fee the mean  remainder limit by a to himself be void and the remainder over shall be  immediate to the estate for life Egerton the word of the indenture and the  intent of the party be the rule of use the first use be void for the intent of  the Lord paget be void because contrary to the law and Eusal to who the use  for year be limit can not take present for his estate be limit to begin after  the death of the Lord paget and there be a great difference betwixt use raise  by covenant and by feoff for when a use be raise by feoff there all be out of  the feoff the land be go the use be go the trust be go nothing remain but a  bare authority to raise use out of the possession of the feoff be new use  there although some of they be void yet the other shall stand but where a use  be raise by way of covenant there the covenantor continue in possession there  the use limit if they be accord to law shall raise draw the possession out of  he but if not the possession shall remain in he until a lawful use shall arise  which before its time shall not rise for any defect in the precedent use and  here be no term therefore no end for that which have not a be inning have no  end and if there be no estate then no term if there be so then it be to be  take for the time of year which be not as yet expire and then be there in the  Lord paulet a estate descendable for year which by the attainder do accrue  unto the queen and he cite the case of Elizabeth dyer feoff to the use of  himself for life and afterward to the use of a woman which he intend to marry  until the issue which he shall beget on the say woman shall come unto the age  of year and then to the use of the woman during her Leonard er p widowhood  they be marry the husband die without issue the wife shall hold the land but  by he if this use have be raise by way of covenant it shall be otherwise coke  admit that all the use be good yet his meaning be that the debt and legacy be  pay W paget shall have his land for it be provide by the indenture that when  the debt legacy be pay the estate for year shall cease manwood the payment of  the debt can end that which never be and as to the two first estate they be  never out of he therefore they come unto the by his attainder coke after debt  and legacy pay all other estate but the estate of W paget cease therefore  William paget shall have the land and the rule of Shelly h be worthy to be  receive sure that learning be honest wish to be use that every man learned in  the law do construe deed accord to the meaning of the maker manwood a feoff to  the use of Salisbury plain for the life of I S the remainder over the same use  shall come into possession present for there be not any person capable of the  particular estate but where the first use be limit to a bastard the remainder  over there the remainder shall not come into possession present for the  bastard be a person capable but not by such form of conveyance in  consideration of natural affection Popham in the case of bastard there be a  estate for life execute to the father in possession then a remainder to a  bastard the remainder to the son lawful beget but her in our case no estate be  create to precede the estate of William paget upon which the remainder can  depend at another day it be argue by coke it be to be agree on both side that  the estate for four and twenty year be mere void and also the first use limit  to Trentham and other and it be not reason that the use limit to William paget  shall expect until the four and twenty year be expire by effluxion of time and  to that purpose he cite cranmres case where a estate in use be limit to  Cranmer for life the remainder to his executor for one and twenty year the  remainder over in tail to his son Leonard and heir c Cranmer be attaint of  treason and heresy so as he can not make a will or executor there it be hold  that the term be void because no executor and that the remainder in use shall  vest present and shall not expect until the say number of year expire by  effluxion of time and difference have be put betwixt the case of Cranmer and  the case at bar because in cranmres case there be a possibility at the  beginning that the term for year may be good for the term become void by  matter ex post facto cognizant by the attainder of he which disable he to make  executor but in the case at bar the term for twenty four year be express void  ab beginning but that difference be without reason for what reason be there  that the remainder shall be further off the possession when the estate for  year be original void than when it become void by matter ex post facto suppose  that the Lord paget have by indenture covenant as law and afterward by another  above for the two first use be in truth void in indenture recite that whereas  he have covenant that in consideration that a with the profit of his land  shall pay his debt c to stand seize of the say land for his own life now he  covenant to stand seize to the use of William paget and his heir shall not he  present be seize td the use of Willlam paget and his heir although the word be  that then and from thenceforth for I hold it a clear case that his estate  begin present be limit to begin upon a void estate although the limitation be  by word de going to be and to this purpose he cite the case e Br lease a man  leas for year habendum post dimission ind fact to I S finitan where no such  demise be make the same lease shall begin present if a indenture be make to a  monk and another habend to the monk for one and twenty year and after the end  of that to the other for one and twenty year the other shall have it present  and be put a case e in the new impression and in the old impression where one  Maud bring a formedon in the remainder and count that one Hamond be seize and  give the say tenement to one Robert c in tail and that for want of such issue  that the tenement shall return to the say Hamond for life the remainder to the  demandant in fee and count further that Robert be dead without issue and that  Hamond be also dead c it be hold although that the remainder reserve to the  donor be void yet the remainder over in fee be good c and in that case  although that the remainder in fee be future cognizant Leonard er p after the  death of Hamond the estate reserve to Hamond mere void that original not by  matter ex post facto yet the remainder in fee be good and shall begin present  upon the death of Robert without issue and shall not expect the death of  Hamond Mr attorney have give a rule that the intent of the party be the  direction of use as also of will and therefore I will put one case of will h  if a man devise land to a monk for four and twenty year and after the same end  to another in fee here the monk be a dead person can take the estate limit to  he and therefore it be void but the fee limit to the other be good and shall  take effect present if it be so in a will why not so also in use for the  intent of the party to direct the construction of both and our case here be  a  stronger case than the case cite for there where land be devise to a monk  for life there may be colour of a occupant during the life of the monk who may  take it although the monk himself can take it and so the remainder do not take  effect present as to the possession but shall stay till after the death of the  monk but here be not any colour of a occupancy for the estate here be a lease  for year which can admit a occupant and see also h if a man devise that his  feoff shall make a estate to I S for life the remainder over to c in fee and I  S will not take his estate c shall a Leonard have a subpoena against the feoff  to make a estate to he leave out I S and see any townsend case in the  commentary where the husband seize in the right of his wife make a feoff in  fee to the use of himself and his wife for their life the remainder over to  another the husband die the wife refuse the estate limit to her by the husband  she bring sur who in vita not against the heir but against he in the remainder  to who the land do accrue by the refusal of the wife not against the heir of  the feoff and I grant that where a estate in use or otherwise be to begin upon  a condition precedent which be impossible or against the law the estate shall  never rise or begin and here the case of the Lord borough h die be cite where  the father covenant in consideration of marriage of his son that immediate  after his death his old son shall have the possession or use of all his land  accord to the same course of inheritance as then they stand and that all  person now seize or to be seize shall be seize to the say use and intent and  it be hold that upon that matter no use be change but if the word have be  immediate after his death they shall remain then although the word of the  limitation be in going to be the use of the fee shall rest in the son present  and the word in going to be ought not to be interpret but in benefit of he to  who the use and estate be limit Elizabeth dyer a leas for thirty year and four  year after the beginning of the say term he make another lease for year by  these word noverint c speech year limit finish demisiss in all respects to  send forward to the say c habendum tenendum a die destroying present time  boundary predict limit usque ad that which divides a year and by the opinion  of all the justice this new lease shall commence in possession at the end of  the former term and not before and if it shall not be expound the second lease  shall be in effect a estate but for ten year which be not the intent of the  party and every grant shall be expound most strong for the grantee and to big  advantage to which purpose he say he have vouch this case also by he there be  not any difference where the use be limit by way of covenant or u on a feoff  and if a man feoff b upon condition that he shall feoff c now if he offer to  feoff c and he refuse the feoff may reenter but if the condition be to give to  c in tail then upon such refusal of c the feoff shall not reenter see e h et  si knight sit to hold toward in construction of condition a much strong in  case of use a feoff in fee upon condition that the feoff shall grant a rend  charge to I S who do it but I S refuse the feoff shall not reenter for that be  not the intent of the condition if in the principal case the limitation of the  use have be after the expiration of twenty four year then no use shall rise  before the twenty four year expire but where not the time but the estate be  material there if the estate be void the use shall go to he in the remainder  present and shall not stay the time c Egerton solicitor first it be to see if  the use limit to William paget be good second if William paget do not come  before his time to show his right if this use limit to William paget be a  remainder or a estate to begin upon a contingent Leonard er p or a resend  estate the estate former limit be void and he conceive that be not remainder  for there be not any estate upon which it may depend and the word be after the  estate for twenty four year end or expire that then and from thenceforth to  the use of William paget c so that no use be limit to he before the particular  estate be end therefore no remainder for a remainder ought to begin when the  particular estate begin without doubt that be not the intent that William  paget shall have the land during the life of his father and yet the user limit  during the life of his father be void and if the remainder shall take effect  during the say twenty four year against Eusall Leonard and his companion  wherefore shall it not also take effect against Trentham and the other to who  use it be limit during the life of the Lord paget and here the use limit to  William paget be to begin upon a collateral contingent upon which if it can  rise it shall not rise at all and I conceive that the use limit to William  paget shall never rise or begin for it be limit to begin when the term of  twenty four year be end and that be never for that which can begin can end and  this term be mere void ergo it can begin ergo it can end then this thenceforth  can be and so this contingent can never fall h e a lease be make for year upon  condition that if the lessee do not pay such a sum of money that he shall lose  his indenture the meaning and sense of these word be not that he shall lose  the indenture in parchment but that he shall lose his term the judgement in a  eectjone strong be quod to express grief recupere boundary suum that be to be  understand not the time but his interest in the land for the term and coke  secret say that in that case there be not any contingent for the estate  precedent never begin and as to the case cite before by coke Br lease if the  last lease be make by indenture recite the former lease certain the second  lessee shall not be conclude to claim the land demise present but shall tarry  until the year of the first term be expire by effluction of time and as to  Mawnds case cite before there be a estate upon which a remainder may depend  sure the estate tail allege to Robert c if such as now be limit to William  paget have be limit at the commonlaw to a young son the old brother shall have  the land in the interim discharge of any use and now after the statute no use  limit to William paget before the contingent where therefore be it in the mean  time in the Lord paget who be attaint it accrue to the queen and out of the  possession of the queen this use shall never rise although that the contingent  be perform for now the use be lock up a use do consist in privity of the  estate and confidence of the person if these be sever the use be go and here  if the possession be in the queen she can be seize to another use note  byGodfrey that the opinion in baintons case Elizabeth dyer be not law and so  have the law be take of late Popham contrary if before the statute of h the  father covenant in consideration of advancement of his son to stand seize to  the use of I S for life and after the death of I S to the use of my son in fee  here the estate of I S in the use be void and yet the estate in the use limit  to my son shall not take effect before the death of I S for the estate of my  son be not limit to take effect till after the death of I S and therefore the  possession of the father be not charge with the use during the life of I S but  if by way of feoff I S have refuse the son shall have it present and the  father shall not have it for he by his livery have put all out of he and it be  not the intent of the feoff that the feoff shall have the land to his own use  Popham allow the difference mention before out of e h betwixt a feoff upon  condition to feoff a stranger and to give in tail to a stranger and that be  ground upon the intent of the party and Owen sergeant put the case cite before  Elizabeth dyer a feoff be make by the husband to the use of himself for life  and afterward to the use of one Ann who he intend to marry for during and  until the son which he shall beget on the body of the say woman have  accomplish the age of thirty one year and after such time that such son shall  come unto such age unto the use of the say woman Interrog  she shall live sole  they entermarri the husband die without issue the wife enter immediate and  continue sole and her entry be adjudge lawful and the estate in remainder good  although she never have any son and thereupon a writ of error be bring and the  first judgement be affirm Leonard note by Tanfield and other Leonard er p at  the bar that that be the most apt case to the purpose in the law and the  reason of such judgement be because they take it that deed ought to be expound  accord to the meaning of the party and estate in possession I grant there  ought to be a particular estate upon which a remainder may depend but the same  be not necessary where the conveyance be by way of use and if I covenant that  a shall have my land to he his heir to pay my debt and legacy the same be by  way of bargain and sale and nothing passes without enrolment and here the  attainder do not prevent the use as it have be object by master solicitor for  the use do rise before the attainder for William paget have a remainder in  tail in the life of his father upon the first limitation c periam justice I  lease my land to you to begin after the expiration of a lease which I have  make thereof to I S and in truth be have not any lease the same lease shall  never begin manwood chief baron I lease my land to you or grant a rend to you  to begin after the death of Prisoit sergeant at law when shall that begin coke  present manwood pron  interrog  opposite direction be law more   and Len post    mich Elizabeth in the common plead rot