case wood against reignold easter term Elizabeth roll a man in consideration  of marriage covenant to stand seize to the use of himself and his heir until  marriage and after to the use of himself and his wife in tail male general  with diverse remainder over before the marriage take effect he grant a lease  for year of the land to commence after the end of a former term the first term  expire and the covenantor die queen if this second lease be a revocation and  destruction of the contingent use post roll Abr   light ejection firmce of a  lease of Lady Russel the wife of sir I ru sell upon a special verdict the case  be sir I Russel seize of the land in fee that may Elizabeth by indenture  covenant with Ralph Sheldon in consideration of a marriage t oh he have  betwixt he and the say lady Russel daughter of Sheldon to stand seize to the  use of himself and his heir until marriage and after to the use of himself and  the say dame Russel and the Ah S of his body with other remaindersove and  afterward in Decemher Elizabeth sir I Rus el let that land to the defendant  for year to commence after the end of a former term afterward in January  Elizabeth the marriage take effect the first term expire sir I Russel die lady  Russel enter and let we to the plaintiff who upon entry by the defendant bring  this action Godfrey for the plaintiff move that this lease can not bar nor  destroy the contingent use or esfate to the feme but that it will well rise  for the fee whereout the use be derive continue and be not touch by this lease  as a descent shall not bind a lease because he may have his lease and not  touch croak Elizabeth the freehold so Edward pl it be say if a termor for year  he oust by fine of land in ancient d emesne he shall avoid that by deceit  during his term and no long and if a covenantor he bind in a statute after the  covenant before marriage that shall not he extend upon the feme and that e  case of leigh v Burton a in the court of ware be not against this opinion for  there the case be that a man make a feoff to the use of himself for life  remainder to his feme for life remainder to his right heir with a proviso that  if his son interrupt his wife that it shall he to the use of big wife and her  heir the father make a lease for year to begin after his decease the son  disturhed the feme whether it now shall he to the feme in fee be the question  and resolve that it shall not by the opinion of the two chief justice that the  use shall not rise but I conceive the reason the eof to he in respect that the  use limit to the right heir be the ancient reversion and no new estate and  there can not he a condition annex thereto Tanfield the point be double first  whether the lease shall destroy the future use second if it shall not destroy  it whether it shall not bind the future use for it ought to arise out of the  estate which the covenantor have at the time of the covenant which estate  ought to continue without alteration till the time that the use shall arise  which be not here for this be a term in reversion to the second this lease  make upon good consideration before the use do arise shall bind it for the use  shall not otherwise he execute it have if it have be at the commonlaw and a  lease make good fide to one who have not notice thereof shall bind it Popham  the statute execute only use in be and not any contingent use until they  happen in be then this use be mere void until marriage for there be not a new  estate in he and if he after that covenant have make a feoff or a gift in tail  to one who have not any notice thereof it will questionless never have arise  and as at the commonlaw feoff may destroy use in be so now may he out of who  estate a future use be to he raise for the freehold be destroy out of which it  shall arise and whether the lease for year shall altogether destroy the arise  thereof be not in this case material but clear it shall bind the contingent  use and so resolve in Strangewiches case and at the commonlaw it be clear that  cesti a and shall not avoid such a lease make by the feoff upon a good  consideration no more than a contingent use at this day a more croak Elizabeth  er p Fenner agree that if a freehold he convey to one upon consideration the  future use shall not rise for there be not any person seize to that use when  it shall arise but this lease will not destroy nor hinder it for the same  freehold remain and the use be annex to the lease and therefore the lease  shall not disturb nor bind it Clench agree with he for this last reason say  gawdy absent adjournatur b say vide roll ab cro James