case Wentworth against Wentworth a grant of a rend with condition that it  shall cease and the indenture he void on nonpayment at the day be not good in  satisfaction of dower but if the demandant have accept it and the condition he  break she shall he restore to her writ of dower although she have plead the  indenture as a grant and not as a assignment post Ijyer Noy roll Abr   light b  dower the tenant plead that he by deed indent grant a rend out of that land to  the demandant in recompense of her dower which she accepted and C the  demandant by replication confess the grant of the rend and her acceptance but  that in the same indenture there be a condition that if the rend shall not he  pay within a month c that the rend shall cease and the deed shall he void and  say that the rend be not pay thereupon the tenant demurrer Glanville for the  tenant argue that the demandant shall he bar for dower be of common right and  may he assign in land or in rend out of the land and the condition annex to  that assignment be void for she be in paramount as Edward executor deliver a  legacy upon condition the condition be void it be not show also that she  demand the rend and then the condition be not break draw contra the condition  be well annex to the grant and therefore it be not any bar to her dower for it  be not absolute but conditional assign and recompense of dower ought to be as  absolute and heneficial as dower itself and it be not like to a jointure croak  Elizabeth assure upon a condition as Vernon case be which may well he because  the statute make it a bar if she accept thereof here also need not any demand  because she be not to defeat a estate thereby nor be the nonpayment thereof  penal Walmsley as this case be plead there be not any assignment of the rend  for the dower and therefore it be not a bar of dower for it be plead qubd  devoted to et to go away One one year old To give back c and although devoted  to el to go away be good word in the deed yet when the tenant be to plead it  he be to plead it in apt word videlicet qubd appointed for a gift of rend or  land be no bar to dower and to that purpose I have see a case in the year of  Edward in the book at large where it be plead that the son grant land in dower  to his feme ex assensupatris and rule that it be not good for it ought to have  be appointed for in plead every one ought to plead accord to law and as it be  here plead the feme may have a writ of annuity upon this grant which she can  have if it be a assignment and the word of the deed eing devoted to c the  intent of the party to have it a grant do thereby appear as also by annex a  condition thereto for it be clear that a condition can be annex to a  assignment of dower and the tenant against who it be have plead it as a grant  and if he have election to use it as h will as in many case a man shall have  yet he have here make his election to have it as a grant and we may not take  it otherwise and as to the demand it need not when she be not to destroy the  estate for the condition be that if the rend he not pay it shall he void it be  penal to the heir for then she shall he restore to her dower and therefore the  heir shall do the first act by his tender and therefore it be adjudge in a  case wherein I be of counsel in this court a devise make of a rend out of land  to one and a devise of the land itself to another upon condition to pay the  rend the devisee of the land ought to pay the rend without demand in salvation  of his land Heaumond accord I agree that a assignment of land for dower or of  rend for a this case be argue in the queen hench upon another special verdict  and the judge there be of the same opinion post croak Elizabeth er p dower  ought to be absolute for the rend come in place thereof and shall be of the  same nature and the annex of a condition to the assignment of dower be void  but here be not any assignment but it be a mere grant and there needs not any  demand because the feme be not to defeat any estate by the nonpayment  wherefore c Owen the plead quod devoted to et to go away be good in substance  but not in form for it ought to have be plead appointed but although he have  not do so it be good in law for a gift in recompense of her dower be a  assignment and although it be good in form yet it be not material for that the  other have not demurrer for this cause but for the condition it be void for  the reason before allege but if it have be good it ought to have be demand for  upon the nonpayment the feme be to take the land from the heir for she shall  he restore to her writ of dower wherefore c but Walmsley and Heaumoild  continue their former opinion for it be not form but substance for the deed  shall not he take in any other manner than as he plead it which be not any  assignment the condition also be not annex to the land but to the grant and  for the condition break she be not to have the land but only to he restore to  her action to demand her dower wherefore there need not any demand Anderson  croak Elizabeth be absent and it be therefore adjourn afterward pasch  Elizabeth t be move again and then it be adjudge accord for the demandant