case bland against huge Hilary term car roll a termor and his wife on the one  part assign all the term reddendo et solvendo to he and his wife durante  boundary prediction and to the survivor of they if they shall live so long  with a proviso to reenter on nonpayment of the rend to he or his wife or the  survivor or their assign or the assign of the survivor this reservation shall  continue only during the life of the husband and wife and not during the term  and if the wife have omit to execute the deed the reservation as to her be  void and will continue no long than the life of the husband trespass upon a  special verdict the case be Thomas expense possess of a lease for a hundred  year by indenture betwixt he and Joan his wife of the one part and Tisdale on  the other part which be find to be seal and deliver only by expense and not by  his wife assign all their estate in the lease to Tisdale reddendo et solvendo  to he and Joan his wife durante boundary prediction to they and the survivor  of they if they shall live so long at Michaelmas and the annunciation with a  proviso that if the say rend be behind at any of the say feast or forty day  after and not pay to he or his wife or the survivor of they that then it shall  be c on can sa to know facias or elegit the sheriff shall have fee on the  whole debt salk skin Mod and on a extent Jones Parker burr croak car er p  lawful to the say expense and his wife and to the survivor of they and to  their assign and to the assign of the survivor of they to reenter and have  again as in their former estate Tisdale enter and expense die and Joan survive  he and for forty day after the annunciation next follow the rend be behind and  not pay the wife the last day demand it and one Walter the administrator of  expense demand also the rend which be not pay Tisdale assign his estate to the  plaintiff and Walter as administrator of expense enter for nonpayment and let  we to the defendant and if c this case be oftentimes argue at the bar and  after at the bench croak car the first question be whether this reservation be  good to the wife because she have not any interest to pass and never seal the  deed?and if it be not good to the wife because she be a stranger to the  interest and to the deed whether it be not good to the husband and to his  executor and administrator as assign in law during the time of the wife  life?and whether the administrator for the benefit of the wife shall not enter  into the land Grimston on the part of the defendant urge that the word be  reddendo et solvendo to the husband and wife durante toto boundary and to the  survivor of they it be by indenture be good by way of reservation to the  husband and the word solvendo shall be construe as by way of grant to the wife  for although she do not seal yet she be name in the deed and the party grantee  seal and deliver it to the husband and wife it shall be construe by way of  grant to her and she may take by the deed be name therein although she never  seal any part thereof Berkley justice be of that opinion and cite one  constable case that where lessee for year assign his term render rend durante  boundary annual to he that include his executor and administrator although  they be not name as in the case of Littleton a condition to pay a sum to a  feoff such a day and he die before the day it shall be pay to his executor for  they represent the testator to the second Berkley conceive if it be not good  to the wife neither by way of a reservation as be agree that can not be  because she be a stranger to the estate and to the deed yet by way of grant by  the word reddendo et solvendo he conceive the deed may take effect yet he hold  that the administrator be assignee who may enter for the condition break for  the wife benefit but Richardson chief justice Jones and myself agree that  although the reddendo et solvendo durante boundary if there have be no more  say have be a reservation during the term yet when be do not rest upon the  exposition of the law but it be render to he and his wife and the survivor of  they if they live so long that be a express reservation that it shall not be  during all the term but to he and his wife and the survivor of they and the  reservation to his wife be void because she be no party in interest or to the  deed and to the survivor of they be void also to give the wife any advantage  thereby and therefore the rend endure no long than during the life of the  husband vide Edward Henry   b in Whitlocks case   light a b and Hilary term  Elizabeth Richmond v butcher where one let we reserve rend to he his executor  and assign he have a inheritance in the land it be adjudge a void reservation  to the executor the reversion be in the heir yet the rend shall not be pay  unto he because he be not name and although it be there durante boundary it be  not material and Jones say that so it be adjudge in brown v Shurrey b car also  they all hold that here this word solvendo can enure by way of grant to the  wife when it be by way of reservation to the husband for it shall not be  construe to enure in croak car several manner no more than if one bargain sell  demise and grant it shall not enure by bargain and sale and demise but by the  one of they at the election of the bargainee and in the reservation assignee  be not mention so that it can give any interest to the administrator as  assignee in law and in the proviso assignee be mention but that be to the  assignee of the survivor of they so that the assignee in law of the husband  can claim it for be do not survive but the wife and the wife can take no  advantage of the condition because she be a stranger to the estate and to the  deed see she do not enseal the deed and if the condition shall go to a sect b  roll ab croak car er p the wife yet she can enter for the condition but only  the administrator of the husband who have not any title of entry and the  defendant claim by he wherefore it be adjudge for the plaintiff upon this  judgement a writ of error be forthwith bring returnable in the exchequer  Chamber and the judgement be there affirm in Michaelmas term in the ten year  of Charles the first croak car hilary term car in the king bench sir Thomas  Richardson Knt chief justice sir William Jones Knt sir George croak Knt sir  Robert Berkley Knt justice William Noy Esq attorney general sir Richard  Sheldon Knt solicitor general