clviii TRECARRAM and friendship case Trecarram make a demise by these word  this indenture between Trecarram c of the one part and friendship his wife and  their child lawful beget at the assignment of the say friendship of the other  part the question be if l the daughter which the husband and wife have at the  time of the lease make be party to the say indenture and so take by it or if  another son of friendship which after he make his executor shall have the term  Hamon e if a gift be make to infant of such a man it be a good name of  purchase and if be have but one infant it be good to he and so in our case  where friendship have issue a daughter at the time of the lease that she shall  take only Leonard er p otherwise where he have many and the word videlicet at  the assignment of friendship be mere surplusage as ass where a man give twenty  load of wood in such a wood whereof fourteen he have of the gift of such a one  these word whereof he have of the gift of such a one be surplusage cook  conceive that the daughter who be in be at the time of the demise shall have  the term for if a man make a grant to two as the one of they be not capax he  who be capable shall have the whole as a feoff to I S and the right heir of I  d I d be alive I S shall have the whole so ass a gift to a man and to such a  wife which he shall have be shall have the whole and the wife nothing the word  at the assignment c be void for there be not a person able to take at the time  of the grant therefore he shall not take afterward and because the daughter be  able she shall Wray justice conceive that these word at the assignment of  friendship be not void but that he have reserve to he liberty to make his son  party or not and because he have not assign he that be take nothing Ayliffe if  land be lease to I my wife and William my son whereas his name be John it be  void as to the son for the misnomer but if he have say son without more it  have be good to the Leonard son and so here if he have not mention any  assignment then the daughter shall have have it but contrary by the word of  the assignment Clench the intent of the party be to be consider as if I grant  to you common within my manor of d it shall be construe to be within my land  commonable and not in my orchard and here it shall be intend those child which  he shall name when the seal be and if he name other after it shall be void as  a lease to you and to her who you shall take to wife be void for there ought  to be such a person at the time of the commencement of the deed which may take  and the opinion of the whole court be that the defendant who claim by the  executor shall have the term and not the plaintiff who claim by the daughter  and therefore judgement be enter that the plaintiff nothing to take in hand  per billam Leon pasc Elizabeth