case lady charlotte orby all versus lad Mohun Eq can ab pl pre Ch pale yellow  Eq Rep SC and more full report there in a settlement a power be reserve to  tenant for life to make lease of all land ancient demise reserve the ancient  rend and of the other land reserve the best improve rend tenant for life be  ill and not have the counterpart of the old lease make a general lease to his  sister of all the land reddendo for the land that have be let the ancient and  accustom rend and for the land not usual let the full and improve rend and  value thereof lease adjudge void by the Lord keeper and Lord chief justice  Trevor contra the opinion of Lord chief justice holt the late earl of  Macclesfield settle his Cheshire estate on the Lord Brandon his old son for  life and to his first and other son in tail remainder to his second son Fitton  Gerrard and his first and other son in tail with a power to the tenant for  life in possession to grant lease of all land ancient demise reserve the  ancient and accustom rend or more r l and of the other land reserve the best  improve rend that can be get for the same for any term of year not exceed  twentyone year or for one two or three life or for any number of year  determinable upon the death of one two or three person in possession and not  in reversion remainder or expectance r l remainder to his own right heir earl  Brandon the elder brother be dead without issue and have devise there version  in fee to the defendant the Lord Mohun and earl Fitton have Vernon chancery  case no issue and be indispose in health think fit to execute his power in  favour of the plaintiff the lady Charlotte Orby and the duchess of Hamilton  the heir at law but not have the counter part of lease nor time to make  particular contract by the advice of counsel make one general lease of all his  land to the plaintiff yield and pay for the land that have be let the ancient  and accustom rend and for the demesne and land not usual let the full and  improve rend and value Vernon chancery case er p thereof and soon after die  without issue and whether this be a good lease within the power or not be the  principal question in the case there be two lease the first date saint  December and make between earl Fitton of the one part and the plaintiff sir  Charles Orby and Thomas Orby the husband of lady Charlotte Orby of the other  part whereby the say earl demise to the say plaintiff their executor c all the  several message and land comprise in the indenture of settlement which have be  usual let and fine take for the same or that be within the compass of the  proviso for ninetynine year if the plaintiff Thomas Orby and two other shall  so long live and so as the plaintiff shall after the seal thereof execute a  new counterpart which they do render yearly at the time and day therein  mention the several old and accustom rend for the same accord to the intent of  the say proviso the second lease be date d December and make between the say  earl Fitton of the one part and the plaintiff say Thomas Orby of the other  part whereby the say earl do demise to the say Thomas Orby all other message  land and premise c whereof there be no lease for year or life in be and for  which no fine be former take for ninetynine year if plaintiff and two other  shall so long live at the yearly rend therein mention accord to the intent of  the say proviso Lord Mohun by his answer know nothing of the lease but insist  that earl Fitton have no power to lease at all inasmuch as the recovery by  virtue of which such power be to arise have never be suffer and the decree as  to the lease mere say and as to the two lease make by earl Fitton date saint  and d December this court declare the same be not good as against a  remainderman and so as to they dismiss the bill Reg lib b fol and the  settlement be by way of a covenant for suffer a common recovery to the use  therein mention which common recovery be never suffer but the legal estate  rest in the trustee the bill be to have the benefit of the trust so far as to  make good the lease in the same manner as they will have be at law in case  earl Fitton have have the legal estate in he insist that the lease ought to be  allow as good in equity and for the plaintiff it be insist it be a rule in the  execution of power that if a man exceed his power yet it shall stand good for  what be within his power but indeed if he do not do what be necessary in the  execution of his power that defect be not to be supply and this case be not to  be compare to the case f a bishop lease or case on the disable statute but  rather to case on the enable statute and as lease be hold strict to the letter  in the one case so the exposition be always liberal and favourable in the  other case and as authority cite the case in dyer a demise of three several  thing with three several reddendums and hold good knight case more and air be  case in more Tanfield Vernon chancery case and Roger Cr Elizabeth demise by  tenant in tail of land usual demise and of land not usual demise reddendo for  the land usual demise the ancient and accustom rend and for the land not usual  demise the best improve rend hold to be a good lease cook Litt fol a lease for  such number of year as I S shall name be a good lease lewson and Piggotts case  in b b power to lease for twentyone year or three life so as S per and rend be  reserve lease of all within his power to let pay the rend intend to be reserve  by the power and hold to be a good lease though neither the land nor the rend  specify or mention in certain venable case hold that the lease good for land  for which rend be reserve and void only for those for which no rend be reserve  and there a averment necessary and allow how many Cheshire acre reserve in the  lease Audley versus Audley a lease render two three of the full improve value  hold good Rep Fol b dr grant case a modus of S in the pound of the full  improve value hold to be good Le v custom for a fine of copyhold at a year  improve value hold good and cite Plowd Com where many relative clause be allow  to be good upon the maxim that that which is fixed be quod that which is fixed  To give back to be able vide observation on this rule post p and in letter  patent the usual clause tot of such size et ankle allow good though not appear  in the grant what those franchise and royalty be and it be not difficult to  know what the ancient rend be for it be but look into the last lease accord to  the resolution in the case of Morries and Antrobus in Hardress report fol the  rend reserve in the last lease shall be presume to be the ancient rend and as  to the case of Owen and Thomas bee Rees in crook Ch p that report be of no  authority because it put not the case but abrupt relate the opinion of the  judge and the case of Thredneedle and Lenham Mod Lord chief justice Vernon  chancery case Vaughan take notice of that case in crook and that it go off  upon another point videlicet for want of except out of general word land that  have be except in former lease so more land than usual demise for the same  rend as when less be demise and so fall within the rule of Lord Mountjoys case    b on the other hand for the defendant it be insist that in this lease the  lessor have not well pursue the power nor be the lease within the purview or  intent of it which be to give a power of lease in a reasonable manner as lease  fall in and for keep of the estate tenant in like manner as a owner of a  estate will be suppose to do but here be no contract or agreement with any  tenant but a general lease make of all as well what be usual demise as not to  the plaintiff to the intent he may have the benefit of grant lease and of put  the power more particular in execution so that in truth it be rather a  delegate the power of lease to the plaintiff than a execution of the power and  delegat non to be able refer to and shall such general lease be allow it will  put the remainder man or reversioner under great difficulty as well to find  out what land have be usual demise and what have not as also to know what rend  he be to demand how to distrain or avow and beside have the rend be particular  reserve in the lease the tenant shall have be oblige to have pay whether it  have be the ancient rend or not and there may have be a action of debt or  covenant bring against he and the intent of the settlement be that as the  tenant in possession shall have a power of lease Vernon chancery case er p so  on the other hand that the revenue shall not be lessen but that the  remainderman or reversioner shall be sure of his rend and have it effectual  reserve and secure to he in the most easy and beneficial manner and rely on  the case of Owen and bee Rees in crook and that Vernon chancery case in  Thredneedle and Lynhams case the Lord Vaughan allow of that authority as  report by crook and the matter of the omission of the exception not material  vide infra post can vern lease hold not to be good vide the principal case  cite arg Evelyn v Evelyn p wms and say to be affirm in dom proc but the editor  have not be able to find any entry of it bro par c nom duchess of Hamilton v  mordant