case osborne against WALLEEDEN easter term car roll if a devise be make of a  rentcharge to a woman for life and if she marry his executor shall pay her l  and the rentcharge shall cease and return to the executor the rentcharge shall  not cease on her marriage until the l be pay S C sand S C keb S C Danv roll  Abr cro James vern sand Mod Mod stram dougl term Rep a husband may avow alone  for a rentcharge devise to his wife Danv Abr S C sand roll Abr Mod vern ld ray  dougl replevin the defendant avow in right of his wife for a rentcharge devise  to her for life by her former husband but in the will there be this clause  videlicet if she shall marry c he the executor shall pay her one hundred pound  and the rend shall cease and return to the executor she do marry and the  executor do not pay the hundred pound the question be whether the rend shall  cease before the hundred pound be pay modern Jones jour the plaintiff the rend  cease immediate upon her marriage and he shall have remedy for the one hundred  pound in the spiritual court if the word have be be shall pay her a hundred  pound and from that time the rend shall cease it have be otherwise if she have  die present after the marriage her executor shall have have the hundred pound  brewer and sander for the defendant she have not a present interest in the  hundred pound in this very case the common plea deliver their opinion that  this hundred pound ought to be pay before the rend shall cease but for  imperfection in the plead we can not have judgement there and by roll  abridgment she have no present interest in the hundred pound nor can her  executor have any and the rend shall not cease till the payment of it for  first it be devise to her for life not during her widowhood second the rend  issue out of the inheritance and by the construction of the will it shall go  to the executor for by cease in the will be mean cease as to the wife and the  executor be in nature of purchaser and ought to pay the money before he have  the rend and he ought to pay it out of his own estate if he will have the rend  for otherwise if it be look upon as a legacy if be have no asset she shall be  immediate strip of her rend and have nothing Twisden justice I think the  devisor meaning be to give her a present interest in the hundred pound and if  so the rend must cease present upon the marriage but since it be to be issue  out of the inheritance it be doubtful and since my brother be both of opinion  for the avowant let he have judgement then it be object that the avowry be ill  for it ought to have be in the wife name as well as the husband S and it be  allege that roll in his abridgment make a quaere and seem to be of opinion  that the case of wise v bellent a cro James roll Abr a which be to the  contrary be not law Twisden justice that be his opinion it may be when he be a  student you have in that work of his a commonplace which you stand too much  upon I value he where be report judgement and resolution but otherwise it be  nothing but a collection of yearbooks and little thing note when he make his  commonplace book his private opinion must not warrant or control we here it  have be adjudge that the husband alone may avow in right of his wife modern er  p