coke b the earl OF Bedford case mich and Elizabeth a be seize of certain house  in tail and of certain land in fee hold in capite by deed indent make lease of  the say house whereof he be seize in tail render coke report b er p rend and  which lease be not warrant by stat h and die the reversion descend to the heir  general of a be two female and it appear that the lease be to have continuance  after the say heir general shall be out of ware and by office after the death  of a it be find that a die seize of the say estate tail of the say house and  that they descend to the say heir general by force whereof the say house be  seize into the queen hand resolve that the king in privity and right of the  heir in tail shall avoid the say lease during the time that they shall be in  ware that although the king in the right of the heir have avoid it for his  time yet it do not avoid the lease so absolute that the heir in tail after the  king interest determine can make they good by acceptance of rend in the court  of ware the case be that Francis earl of Bedford be seize of certain house in  the strand in the county of Middlesex in tail sure to he and the heir of his  body and seize of other land in fee hold in capite a tenure in knight service  with all its oppressive fruit and consequence as also those of socage in  capite abolish by stat car c a by deed indent make lease of the say house  whereof he be seize in tail for twentyone year render rend which lease be not  warrant by the statute of h but be voidable by the issue in tail and die the  reversion descend to the heir general of the earl that be to say to two  daughter and heir of Henry Lord Russel old son of the say earl which Henry die  in the life of his father and it appear that the say lease be to have  continuance after the say daughter shall be out of ware and by office after  the death of the say earl it be find that he die seize of the say estatetail  of the say house and that they descend to the say heir general by force  whereof the say house be seize into the queen hand and in this case two point  be resolve that the a palm a king in privity and right of the heir in tail  shall avoid the say lease during the time that they shall be in ware as if a  bishop make a lease for year not warrant by the statute so that the lease be  voidable by the successor and die the king shall avoid the lease b light Rep  Bac ab lease h b during the vacation of the bishopric in privity and right of  the bishopric for the king in none of the say case be as a stranger and the  same law be when a subject be guardian in knight service be in the right of  the heir within age and in his ware shall avoid voidable lease as to his own  interest but it shall not prejudice the heir of his election at full age for  custos position hredis in custodian svan existent good non deteriorate to make  to be able so if the heir within age before the entry of the guardian or the  ancestor be within age make a lease for year render rend the c Bulst   light b  roll Rep c guardian may enter in the right of the heir and shall avoid the  lease but the lord by d   a   a palm roll Rep Br entry Cong Bulst Inst e a d  escheat shall not avoid voidable estate make by his tenant who be a infant for  regular none shall avoid voidable estate for infancy but coke a the infant  himself or his heir but the guardian shall avoid the say voidable lease in the  right of the infant himself and so a difference and the a light Rep palm the  avoidance be not absolute a king in the case of a bishop shall avoid the lease  in the right of the bishopric which continue although the bishop be dead and  that be one of the point adjudge in the exchequer in the great case between  austin and sir I baker mark which I have see and which shall be relate more at  large in the resolution of the second point of this case vide Elizabeth dyer b  patentee of queen Elizabeth of land give to a parson and his successor to  superstitious use shall avoid after his death a lease for life which be  voidable by the successor make by the parson by the intent of the Act of  Elizabeth of chantry b palm   a hob dyer pl Leon n Benl pl Benl b vide  Elizabeth dyer coke report b er p Hoskins case it be resolve that although the  king in the right of the heir have avoid it for his time yet it do not avoid  the lease so absolute that the heir in tail after the king interest determine  can make they good by the acceptance of the rend for the king act can  determine the power and election of the issue in tail or of the successor of  the bishop in the case before put to make the lease good by acceptance of the  rend and when voidable lease be void for a time shall be always avoid and when  not this difference be take and resolve by the court know when the interest of  he who make the avoidance be but for part of the term so that it appear that a  residue remain and when he who make the avoidance avoid the whole interest so  that it appear that no residue can remain and therefore in the case at bar it  appear that after the king interest determine there remain a residue of the  term but if the patron of the church of d do grant the next avoidance to  another and afterward and before the statute of Elizabeth the parson patron  and ordinary make a lease for year render rend and the parson die the grantee  present who be admit institute and induct and die this lease be avoid in the  whole absolute and therefore such lease can stand against the second successor  e b adjudge accord Plowden v Oldford cro car but in hill Elizabeth c b adjudge  that the lease revive Phlydore Virgil case hall ms hark note to   Litt a b  Jones   light a hob cro car roll more e S per Scroop   light b if a advowson  of a church by licence be grant to a prior and his successor and afterward the  same church be appropriate to he and his successor so as they be perpetual  parson imparsonees in that case if the wife of the grantor be endow of the  advowson and present a clerk who be admit institute and induct the  appropriation be defeat for ever for the whole estate of the parson imparsonee  be avoid and so it be adjudge as sir Jeffere Scroop report in Elizabeth and in  such sense be the book to be understand for although the wife be endow of the  advowson yet if she have die before any be admit and institute to the same  church at her presentation the church have remain appropriate and so the  quoare in Elizabeth dyer be well resolve so if a feme covert as a feme sole  levy a fine by herself of land whereof she be seize in fee to another and his  heir in that coke b case if the husband do not enter that fine shall bind the  wife and her heir for ever and in the same case if the husband enter and die  the conusee shall not have the land for by the entry of the husband the whole  estate of the conusee be defeat and the whole estate of the wife revested in  her and the husband seize of the whole estate as in the right of his wife and  therewith agree e b ass pl h r h but when only part of the estate or term be  defeat there it be otherwise as in the say case between austin and sir I baker  be adjudge which case as I myself have see in effect be sir t Wyatt be tenant  in tail of the manor of east Forleigh in the county of ken videlicet to he and  to the heir male of his body of the gift of h to hold of he in capite the  reversion to the king his heir and successor hob   a   light a roll touch roll    a   light a Jones   light a Plowd b Bridgm sir Thomas Wyatt by indenture  demise the safe manor to austin for twentysix year render rend to the say sir  Thomas and his heir and afterward sir Thomas die and all this be find by  office and that sir t Wyatt be his son and heir male of full age by which the  king have primer seize of the land itself and for his interest do avoid the  lease and afterward sir Thomas the son sue livery and accept of the rend of  austin and afterward commit high treason for which he be attaint in that case  it be adjudge that forasmuch as the king have avoid the lease but as to his  primer seize that after livery make it be in the election and power of the  issue in tail by acceptance of the rend to affirm the lease because the lease  be avoid by the king but for part of the term so if tenant in tail take a wife  and make a lease for thirty or forty c year render rend which be avoidable by  the issue in tail and die and afterward the wife recover her dower coke report  a er p in that case the wife shall avoid the lease and yet if she die within  the term the issue in tail at his election may either affirm or disaffirm the  lease and it be say if tenant in tail make a lease for thirty or forty year  render rend which be avoidable by the issue in tail and afterward tenant in  tail die without issue his wife with child with a son by which the donor enter  and as to he avoid the lease and afterward the son be bear the lessee reenter  the son at his full age may by acceptance of the rend affirm the lease for the  lease be never avoid absolute nor simpliciter but secundum quid and upon the  matter ex post facto be defeat but for a time and although thread in skin  matris be pars soft fleshy body parts matris vide ass pl ass pl eduvardi third  coroner Stamford yet the law in many case have consideration of he in respect  of the apparent expectation of his coke a birth see the opinion of sander and  brown in Stowels case Plowdens commentary for avoid of a fine vide tempt  Elizabeth guard and Elizabeth Bre for the wardship of he vide e and e and e  voucher that he shall be a a e voucher roll Rep e I Br cart co b   light a h a  e vouch roll hob a vouch in his mother womb h a devise of b dyer pl side more  cart raym b land devisable by custom to one in his mother womb c a person  devise to his brother Henry clarke and his assign for his life remainder to  the use and behoof of all and every such child or child of his say brother as  shall be live at the time of his decease h c die leave several child and his  wife pregnant who be deliver seven month after of a daughter hold that the  posthumous child shall take under this will and it be observe by Lord CJ Eyre  that a infant in ventre matris who by the course and order of nature be then  live come clear within the description of child live at the time of his death  do v clarke h black it be former dispute whether a devise to a infant en  ventre sa mere be good or not some hold that it be not while other contend  that it be but all agree that a devise to a infant when he shall be bear be  good the objection to the devise be good be that where a executory devise be  limit per word de present time that be where the devisee be mention as a  person in existence and the commencement of the estate devise be not express  defer to a future period there the devisee must be a person capable at the  death of the devisor or otherwise the devise will be void but it be now  understand that this distinction between executory limitation per word de  prsenti and per word de going to be can affect those case only where there be  not the least circumstance from which to collect the testator intention of any  thing else than a immediate devise to take effect in prsenti Fearne count Rem  that Edward it be now clear settle that a devise to a infant en ventre sa mere  be good though he be bear after the testator death and he shall take by way of  executory devise Freem per north CJ touch count and a infant en ventre sa mere  S a life in be to all intent except in the case of a descent at commonlaw  Thelluson v Woodford Ves Vid Bac ab infancy c vin ab devise I c e Deteinment  of c roll Rep e b ass pl ass et Fitzherbert coroner c charter for the heir in  his mother womb Elizabeth die a adulterer do counsel the woman to kill the  child when he be bear who do accord the adulterer be accessary yet at the time  of the counsel the child be in his mother womb but it be say if d   light a  bridge d tenant in tail make a lease for or year render rend and afterward  take a wife and die without issue his wife with child be a son and afterward  the wife recover dower of the same land she before the son birth shall not  avoid the lease for her estate be in a certain way a continuance of part of  the estate tail and the same be prove by e ass pl and e dower that she shall  be e   light a e attendant for three part of the service that tenant in tail  do which she shall not be if to all intent the estate tail be coke report b er  p utter extinct and tenant in dower be in in the per by her husband and in of  his estate vide Litt b in descent ass h e Entre c vide h dyer b f dyer pl roll  Rep Leon bridge   light a more Bulstr   a   b f tenant in tail before the  statute of h of use make a feoff in fee to the use of he and his heir and also  before the say Act be and his feoff make a lease for year render rend and die  after the statute the land descend to his issue who before entry upon the  termor levy a fine to another and by the better opinion of the justice of both  the bench except sander the alienee shall not avoid it for although the son be  remit yet the lease be not mere void without actual entry by the issue vide  blow Com