coke b davenport case Trin James see Harding v preece QBD David v Sabin Ch if  a lessee for year of au advowson grant the next avoidance to b if it shall  happen to become void during the term and then surrender the term to c who  have the inheritance and the church become void before the end of the term the  grant to b be good and he shall have the next avoidance for a man can derogate  from his own grant if lessee for year grant a rentcharge to a stranger and  after surrender his term to the lessor the stranger shall have the rend during  the term Robert Bradshaw bring a quare hinder against John davenport George  wood clerk and the bishop of Lincoln of the vicarage of the church of Orton  super montem in the county of Leicester which begin Trinit James rot and the  case be such George Hastings earl of Hintingdon be possess of the rectory of  Orton to which the advowson of the say vicarage be appendant for fifteen year  and by his deed maii Elizabeth grant to Robert Bradshaw now plaintiff as he  allege in his declaration premium et a cro James a come near advocation et  donation prd substitute de Orton cum eaden prim et neighbor extunc to be empty  to touch per once way seu media qucunque si ead to touch before vacuan durante  boundary a year adtunc in be de rectoria de Orton concession prfato comit per  prfatum recently bishop Oxonien the defendant plead that after the say grant  of the next avoidance the say earl so be of the say rectory to which c possess  die thereof possess intestate post pron  interrog  death sure primo die maii  administration of his good c be commit to Henry now earl of Huntingdon and  afterward the say now earl Feb James a palm a surrender his say term in the  say rectory to which c to the bishop of Oxford then in reversion which he  accept per quod prd terminus a year de et in rectoria prd cum reach ad how c  to enclose and the bishop demise the say rectory with the appurtenance to  davenport one of the defendant for his life and afterward the say vicarage  become void c upon which the plaintiff demurrer and the sole question coke a  of this case be if by the say surrender the say grant of the next avoidance be  void or not and it be object that the say grant of the next avoidance be upon  express limitation if the vicarage become void during the term then in be and  by the surrender the term be merge and extinct so that the vicarage become not  void during the term because that happen after the surrender but if the  limitation have be during the year there it have be otherwise for the year can  not determine but by b   light b   a b effluxion of time a that the word term  may signify the time as well as the interest and shall be take in that sense  which will support the intention of the grantor vide wright v Cartwright burr  a coke report b er p but it be answer and resolve that notwithstanding the  surrender yet the plaintiff shall have the next c palm c avoidance and that  for three reason the say limitation imply no more than the law will have say  for if tenant for year grant the next d Cr James   light a palm hob d  avoidance the law imply this limitation if the church become void during the  term and therefore e roll Rep roll Rep latch palm ante b wing Max   b   a   a    a   light a a light Rep Inst sand Bulst Mod Rep hard hob e expulsion out the  dawn queen tacit sew up nothing service the grantor himself will derogate from  his own grant and will make it void at his pleasure and that be against the  rule of law see that the grant of every one shall be take most winch l raym p  wms cro James strong against himself and most beneficial for the grantee b  notwithstanding the merger of the particular estate person who have interest  affect the estate which be merge will be leave in the same condition in point  of benefit as if no merger have take place a person have such derivative  interest may he benefit although he can be prejudice by the merger of the  estate out of which his interest be derive or on which it be dependent  therefore when a tenant for life make a lease for year at a rend and the  estate for life become merge so that the relation of landlord and tenant cease  as between the party the remedy for the rend and for covenant annex to the  reversion will cease with the reversion to which the rend and covenant we re  annex and incident Lord treasurer v baron more web v Russell TR Stokes v  Russell TR affirm on error h black and in do v pike m and S which case  recognize the authority of davenport case it be hold that where a have a lease  for three life of a manor where by the custom the copyhold be demiseable by  copy make a lease for year by indenture of a copyhold tenement to b and  afterward the estate of a be surrender to the lord of the fee such lease  though not warrant by the custom and though it suspend the copyhold tenure be  good to pass a interest to b and shall have continuance during the existence  of the survivor of the three life b and as to that the notable case of f hob f  Thurston de holland parson of Preston in e b a be cite where the case be that  in the time of Richard l debate be between the abbot of S and Theoband c upon  the advowson of the church of Preston and thereupon they agree and a fine be  levy between they mich r before the archbishop of Canterbury the bishop of  Rochester c then justice of c b between the aforesaid abbot and the say  Theoband by which fine the abbot grant the advowson to t and to his heir for  ever so that at every presentation by t or his heir the clerk so present c  shall pay to the say abbot and his successor for every ten mark per and which  accord be make in the presence of the ordinary of the place who assent to it  at which time the church of Preston be void and upon that fine the successor  of the abbot of S bring a writ of annuity against the say t de holland parson  of p and there Parning sergeant take exception to the declaration that  forasmuch as the grant of the annuity be in a special manner to be pay by the  clerk who shall be present by t or his heir that the plaintiff ought to have  show in his declaration that the defendant be present by the say t or his heir  to which Sadlier say we conceive that the parson shall be charge by whosoever  he be present and Herle CJ who give the rule say that although t have alien  the advowson the annuity will not be thereby extinct wherefore Parning pass  over to another matter by which case it appear that although t have alien the  advowson and although the annuity in the body of the grant be limit to be pay  by the presentee of t or his heir yet the presentee of his alienee shall pay  it for otherwise coke b by his own grant he will defeat the annuity which he  himself have grant coke report a er p note reader in this case of e there be  diverse thing worthy observation and among they the antiquity of the a   light  b Prf to co a common plea for it appear thereby that it be a court long before  the statute of great Charta make in Henry as appear also in b say beforehand  advance Rep p Fitzherbert Conusans Br conusan b ass pl where it appear that  king Henry make letter patent of confirmation to the abbot of b of all usage  and that they shall have conusans of all manner of plead so that the justice  of one bench nor the other nor justice of assize shall nothing intermeddle c  which be a direct proof that in the time of king Henry there be court of the  one bench and the other and also justice of assize c the term for the benefit  of the grantee have to some respect continuance and therefore if lessee for  year grant a rend charge and afterward surrender yet for the benefit of the  grantee the c e Jones cro car light Rep Dall Poph   a   b Plowd a   light b c  term have continuance although in rei in point of fact it be determine and  therewith agree Henry a but it be true that the lessee himself by his  surrender may prejudice himself of a d ante b d increase of a estate to be  make to himself as it be resolve in h e Br exposition de parols   a Bridgm    light b     b e e exposition de parols vide the rector of Cheddingtons case m  Elizabeth n the first part of my report fol a