case sir thomas holt against SAMBACH Trinity term car roll a rentcharge with a  nomin pnae grant by tenant for life confirm by next remainder man in tail  though a infant be good against the feoff under a fine levy by the tenant for  life and the infant in remainder if the tenant for life have the remainder in  fee but a avowry for parcel of the penalty without show the residue discharge  be bad hetl hut Carth Mod burr   light hark edit note term Rep cro James   a  avowry for part of a rend or penalty be bad unless it show how the remainder  be discharge post replevin upon demurrer the case be sir William Catesby  tenant for life of the manor of Lopworth remainder to Robert his son and heir  apparent and to the heir male of his body remainder to sir William Catesby and  to the heir male of his body remainder to the heir of the body of the say  Robert remainder to the right heir of the say sir William Catesby the say sir  William Catesby and Robert be within age join in a deed whereby the say sir  William Catesby grant and the say Robert confirm to the say avowant and his  heir a annual rend of ten pound by the year Payable out of the say manor of  Lopworth to the say defendant and his heir at two feast videlicet at the  annunciation and saint Michael with clause of distress and nomin pnae of  twenty shilling for every month sir William Catesby and Robert join in a fine  of the say manor to the use of the say William and his heir who feoff the  plaintiff and die Robert have issue yet live croak car er p the defendant avow  for twenty shilling parcel of five pound due at Michaelmas in the second year  of James the first and because two hundred pound be due pro nomin pnae for two  hundred month he avow for fifty pound of this nomin Ponce the defendant set  forth all this matter by way of avowry except the nonage and feoff to the  plaintiff the plaintiff in bar of the avowry show the nonage of he who confirm  and plead the feoff and averment of the life of the issue in tail upon this  bar to the avowry it be demurrer and argue at the bar the sole question be  whether this debt be Chargeable upon the feoff because it be grant by tenant  for life and confirm by he in the remainder in tail be within age at the time  of the grant for it be agree if a rend be grant by tenant for life and confirm  by he in remainder in tail within age that it be issue out of the estate for  life only and mere a void grant as to the remainder and if the tenant for life  purchase the remainder or reversion and die it shall not bind the inheritance  and although he have make a feoff over his feoff after his death shall avoid  it croak car but here because he that make the grant be not only tenant for  life but have a remainder in tail and after that a remainder in fee the rend  be issue out of all his estate and although it be void as against Robert the  son who be next in remainder in tail who confirm it yet forasmuch as this  estate tail be bar by the fine and the limitation thereof to the use of he and  his heir who grant the rend and the plaintiff be in as feoff to he the court  incline in opinion for the avowants right to the rend for the estate tail be  bar that privilege shall not extend to the feoff for be come in under all the  estate of the feoff who grant the rentcharge and therefore shall hold it  charge but because the avowry be for twenty shilling parcel of five pound and  the fifty pound be parcel of the two hundred pound penalty and he do not show  that the residue of the penalty be discharge therefore it be hold that the  avowry be ill accord to Edward c Edward c and so without regard to the matter  in law it be adjudge for the plaintiff upon the insufficiency of the avowry