coke a bedells case mich James in the king bench a seize in fee of message c  by indenture tripartite between himself and his wife of the first part his  second son of the second part his three son of the three part in consideration  of the natural affection and paternal love which he have to his say son and  for their better advancement and that the say tenement shall continue in his  name and blood covenant that he and his heir will stand seize to the use of  himself for life and after his death to the use of his wife for life and after  their death of one moiety to the use of his second son in tail and of the  other moiety to the use of his three son in tail and afterward a die adjudge  that a use arise to the wife for her life a consideration which stand with the  deed and be not repugnant to it may be aver a father covenant to stand seize  to the use of his son and a sum of money be mention as the consideration no  other consideration shall be intend upon writ of error bring the judgement be  affirm S C Jenk cent hill I James rot in the king bench between Elizabeth  bedell plaintiff in debt and Michael a roll   b a Jones Jon march Ves a bedell  defendant the case be such Robert bedell seize of a message c in Iver and  Langley in the county of buck in fee by the say Elizabeth his wife have issue  three son James be the second son and Michael the defendant the three the say  Robert by indenture tripartite between he and his wife of the first part the  say James his second son of the second part and the say Michael his three son  of the three part in consideration of the natural affection and paternal love  which he have to the say James and Michael and for their better preferment and  advancement and to the intent that the same tenement shall continue in his  name and blood covenant by the say indenture that he and his heir will stand  seize of the say tenement to the use of himself for life and after his decease  to the use of the say Elizabeth his wife for life and after their deceases of  one moiety to the use of the say James in tail and of the other moiety to the  use of the say Michael in tail c and afterward Robert die and all this matter  be find by special verdict and the sole question be whether as the case be any  use arise to Elizabeth his wife or not and it be object that the wife be not  within the consideration which be express in the indenture and no other  consideration can be aver than be contain in the deed for the whole substance  of the agreement of the party be refer to the deed and the whole ought to  appear therein and nothing be leave to the word or averment of the party to  which it be answer and resolve that a consideration which stand with the deed  and be not repugnant to it may be coke report b er p well a roll   a   a   a b  b   io a b   Cr James roll Rep roll Rep lane and Brownl more die pl vent a  aver as it be adjudge in and Phil and mark dyer in b   b   a and n Benl Benl  in kelw roll roll Rep Inst owe raym cart palm more b villers case which see in  the first part of my report in mildmay case a admit that other consideration  than what be express in the deed can not be aver yet in this case there be a  express c   b a roll jenk cent cro James c consideration for when he limit it  to the use of his wife for term of her life that import a sufficient  consideration in itself and there needs not any averment for d   a d palpable  coke b probation non indigent at in h a where the stat Westminster cap ordain  that the writ of assize of mortdauncester shall have the term of limitation  from the coronation of king h there it be hold that if a infant bring a assize  of mortdauncester of the possession of his father or mother e   b   b Doct pl  Br Mortdan e be need not allege that it be after the coronation of king Henry  for it appear so if the father tenant by knight service feoff his son and heir  apparent within age it need not be aver to be by f Plowd b f collusion for it  be apparent Wimbishs case Plowdens commentary and h Dacres case h h et qudam  Tacitus to have pro to press out so if I covenant that in consideration of  paternal love and affection to my old son to stand seize to the use of my old  son for life or in tail and afterward to the use of my second son in tail and  afterward to the use of such one of my cousin in fee although the  consideration express in word respect only the old son yet the consideration  apparent in the deed in limit the use to my second son or my cousin be  sufficient in law to raise the use so if I covenant to stand seize to the use  of my wife son g roll Rep Plowd a and cro James cro car   a Jones g or cousin  it shall well raise a use without any express word of consideration for  sufficient consideration appear and paternal love and affection appear but if  the father by deed indent in consideration of a   a   b a Ventr cart palm  winch hundred pound pay by the son covenant to stand seize to the use of his  son there no use shall be raise to the son a mad touch a unless the deed be  enrol by the statute of h cap for it be in the nature of a bargain and sale  and there b   light b   a   b godb latch Raymond cart b a forcing apparatus  compose to be remiss Tacitus and afterward on this judgement a writ of error  be bring the same term on c Elizabeth c c new statute and by all the justice  of the common plea and baron of the exchequer the judgement be affirm quod  notam bene a Vid note e mildmay case   a and note Chester v Willan sand b a