case Whitchcot against fox if a lessee covenant that he will not do a certain  act on pain of forfeiture it be a condition to defeat the estate ante post  roll Abr dyer   light a cro Elizabeth Leon   sand sand Bac ab dougl to Rep on  a condition to assign only to a after the performance a may assign to another  acceptance of rend from a assignee be a dispensation of a condition not to  assign replevin upon a demurrer the case be that George fox lessee for  ninetynine year by indenture render rend covenant by the same indenture that  he will not alien nor assign his term or any part thereof to any other but to  his wife during her life and the residue of the term to his child or one of  his young brother upon pain of forfeiture of his lease the lessee have a wife  assign his term to Edward fox his brother who assign it to Thomas Hopton  Hopton enter and make Lucy his wife his executrix who after pay the rend to  the say lessor as executrix to her husband assignee of the say George fox who  accept thereof and afterward enter for the forfeiture and the question be if  his entry be congeable first it be doubt whether this covenant that he shall  not alien c under pain of forfeiture be only by the lessee and not by proviso  be a condition to defeat the estate?And it be resolve without hear argument  that it be for be by indenture they be the word of both party and be  sufficient to determine the lease Plowd Edward second whether the alienation  to the brother in the life of the wife and this alienation by the brother to  Hopton be a breach of the condition and quoad the first point it be object  that the baron may not alien to the feme therefore the condition in that point  be void and thereby liberty be give to alien to his brother and when he have  alien to his brother the condition be dispense with and the brother may alien  to who he please and all the court be of that opinion quoad the second part of  that question but for the first part they doubt three admit it to be a breach  of the condition whether this acceptance of the rend by the hand of the  executrix of the assignee shall bar he of his entry because it be not allege  that he have notice of the assignment at the time of the acceptance but that  he sciens that she be executrix of the assignee accept of that rend and sciens  be not traversable but he ought to have allege by matter in fact that he have  notice which may have be traverse but all the court hold that this acceptance  shall bar he of his entry for where the rend be accept by his own hand it  shall be intend that he have notice she be to pay it and the allegation by way  of sciens be sufficient and if he have not notice the lessor ought to show it  on his part wherefore it be adjudge accord for the plaintiff