case knight against mory a proviso that a lessee shall not alien his term  without the lessors consent be a condition precedent and devise it be a breach  post roll Abr cro James Leon Leon Goulds dyer   Cowp dougl term Rep replevin  the case be Shelley make a lease for year proviso quod non to be for sale to  the lessee to alien his term without the assent of the lessor the lessee  devise the term to his son the lessor assent to it three point resolve this be  a condition a devise in general be a breach of the condition as this case be  it be no breach for nothing pass till the lessors assent be obtain for it be a  condition precedent and though in the principal case the devisee do enter by  the consent of the executor and have not licence of the lessor yet it be not  material Anonymous croak Elizeheth er report date croak Elizabeth case  anonymous the remainder man for life shall have the emblements sow by the  devisor in fee in preference to the executor of the tenant for life post roll  ab winch hob ass dyer Noy vern harg c l b note Com dig dougl Bl Com notam coke  move this case to the justice to know their opinion he be as he tell I to make  his award in it tenant in feesimple sow the land and before the corn be sever  devise the land to a for life remainder to b for life and die a die before the  emblements be sever the question be whether the executor of the tenant for  life or he in the remainder shall have the emble croak Elizabeth er p ments  for he say clear that the executor of the devisor have no colour to have they  Wray c j and schute hold that he in the remainder shall have they for by the  devise of the land they pass with it and when they pass by reason of the land  and come not by the manurance of the first tenant for life they shall go with  the land but if the first tenant for life here grant they to another it have  be otherwise for by the grant they be quasi chattel sever from the land  AndWray c j say it have be adjudge in this court that where baron and feme be  joyntentants of land and the baron sow the land and die before severance of  the corn the feme shall have it Clench doubt in the principal case for he  conceive that the executor of the first tenant for life shall have they as  chattel vest in he and he say if land he sow and then the land be devise to I  S for life only and before severance the devisee die his executor shall have  the corn and not the reversioner which case Wray and schute deny but say if it  be so it be not like the case a remainder Popham attorneygeneral be demand his  opinion agree with Wray in the principal case but doubt of the case of baron  and feme