CCCCXLVI SCOVELL and CAVELS case lease in ejection strong by Scovell against  Cavel the declaration be general upon a lease make by William pain and it be  find by special verdict that William leversedge be seize of the land e and  lease the same to Stephen Cavel John Cavel and William pain habend to they for  their life and for the life of the survivor of they provide always and it be  covenant grant and agree betwixt the party that the say John Cavel and William  pain shall not take any benefit profit or commodity of the land during the  life of Stephen Cavel and further that the say William pain shall not take any  benefit c during the life of John Cavel c Stephen Cavel die John Cavel enter  and afterward William pain enter and make the lease to the plaintiff upon who  the defendant enter and if the entry of William pain be lawful be the question  Leonard gawdy segeant his entry be not lawful it will be agree that if a man  lease to three for their life they be jointtenants but if by the habendum the  estate be limit to they by way of remainder the joint estate in the premise be  go and the land demise shall go in remainder and I agree that in deedspoll the  word shall be take strong against the grantor contrary in the case of  indenture the word there shall be take accord to the intent of the party for  there the word be the word of both see Browning and Beestons case and man blow  where by indenture the lessee covenant to render and pay for the land lease  such a rend the same be a good reservation although it be not by apt word and  here in our case this proviso and covenant grant and agreement do amount to  such a limitation by way of remainder especial when such a clause follow  immediate after the habendum coke contrary the office of the habendum be to  limit and explain the estate contain in the premise and here the habendum have  do its office and make it a joint estate and therefore the clause afterward  come too late and in truth be repugnant and utter void as to such purpose but  perhaps a action of covenant lie upon it Wray it have be by I adjudge if a  lease be make to three habendum successive the same be d void word and the  lessee be jointtenants contrary of copyhold by reason of custom and here the  proviso and the clause follow be contrary to the habendum and repugnant and so  void as to the divide of the estate by way of remainder which gawdy justice  grant heal sergeant this case have be adjudge Elizabeth a lease to three  habendum to the use of the first for life and after to the use of the second  for life and after to the use of the three for life the same be good Clench  justice this proviso follow the habendum and be a sentence to explain the  sentence Wray shoot it be another sentence although it immediate follow the  habendum Clench if the word have be provide that although it be limit ut above  in the habendum sure the first name shall have the land to himself for life c  it have be good by way of remainder Wray our case at bar be not that any  person shall take the remainder but that any of they shall not take the profit  during the life of the other Tanfield take exception to the verdict because  the life of pain be not find in the verdict coke this be a verdict and no  plead and the opinion of the court be that the verdict be good notwithstanding  the say exception and afterward judgement be give for the plaintiff cro  Leonard er p mich Elizabeth in the king bench