case ignorant against Tothill and ren in a avowry under a lease for year if a  b c shall so long live render a henot or S after their several death it must  be aver that the party be alive at the time of the distress S C Mod S C Kelb  S C vent S C lev ante   light cro car cro Elizabeth show Jones side vent sand  lev n Lutw Leon   blow Mod Mod Mod Mod salk see the case of smartle v  Penhallow ld raym Plowd Com dig pleader c a lease reserve a henot or S at the  election of the lessor and his assign determine on his death   light Owen cro  Elizabeth roll Abr   vent cro car quaere if a henot be give after the death of  a b and c successive whether it be due if b die before a and c replevin  Trevill lease to Ingram for ninetynine year if Joan Ingram his wife Anthony  and John Ingram his son shall so long live render a henot or forty shilling to  the lessor and his assign at the election of the lessor his heir and assign  after their several death successive as they be name in the indenture Trevill  devise the reversion John die and then Joan die the question be modern whether  or no a henot be due to the devisee upon the death of Joan the court agree  that the avowry be faulty because it do not appear thereby whether Anthony in  ram be alive or not at the time of the distress take for if be be dead the  lease will be determine north chief justice though Anthony be alive the  devisee of Trevill can not distrain for the henot for that the reservation be  to he and his assign and although the election to have the henot of forty  shilling be give to the lessor his heir or assign yet that will not help the  fault in the reservation Ellis justice there be another fault in the plead for  it be plead that Trevill make his will in write but it be not say that be die  so seize for if the estate of the devisor be turn to a right at the time of  his death the will can not operate upon it also it be say that the avowant  make his election and that the plaintiff to have notice of his election but it  be not say by who notice be give for these cause judgement be give for the  plaintiff it be urge likewise against the avowant that no henot can be due in  this case because Joan do not die first but the course of succession be  interrupt and that a henot not be due of common right the word of reservation  ought to be pursue but as to this the court deliver no opinion