case machell vers clerk tenant in tail covenant to stand seize to the use of  himself for life with remainder and afterward suffer a recovery to other use  the use on the recovery hold good salk SC holt S c Mod S c Mod SC ld raym SC  vin Abr title u pl will on Rec p this be error of a judgement in c b in a  action of ejectment where upon a special verdict the case appear to be this  John machell seize of the land in question in tail by indenture covenant to  stand seize thereof to the use of himself for life and after to the use of his  old son and the heir of his body then to his second son and so to all his  issue successive in tail and on the that of January then next follow he  covenant to suffer a common recovery to other use in fee which recovery be  have accord in which a be demandant against John machell tenant who vouch the  common vouchee and whether this recovery be good be the question for if by the  covenant to stand seize to the use of himself for life c he be only tenant for  life at the time of suffer the common recovery then that recovery do not bar  the estate of his issue because it be suffer with a single voucher only John  machell not be vouchee but only tenant to the praecipe but if the covenant to  stand seize do not alter the estatetail but that John machell after such  covenant and at the time of the recovery remain seize of the estatetail the  recovery be sufficient to bar the issue in tail and after judgement for clerk  who claim under the recovery in the common plea it be several time argue in b  r and now holt c j deliver the judgement of the court that the judgement in c  b shall be affirm and comens he say that all the judge of the court videlicet  Littleton powys and gold agree with he that the judgement shall be affirm as  to the reason of their judgement he have not confer with they but that he  think it very reasonable that the reason and ground of his own opinion shall  be declare in this case and he be of opinion that if a tenant in tail bargain  and sell or make a lease and release to another in fee that the bargainee or  releasee have a base fee and his estate be not determine by the death of the  tenant in tail but descend to the bargainee or releasee and his heir till that  estate be avoid by the entry of the issue in tail and herein he rely upon  seymour case   I Bulst S c jenk cent S c a if a tenant in tail bargain and  sell to one and his heir the bargainee have a estate to he and his heir and if  afterward the tenant in tail levy a fine to the bargainee it corroborate the  estate of the bargainee so that although before it be determinable by the  issue after the comens er p death of tenant in tail after the fine the issue  in tail can avoid it if the fine have be levy before the bargain and sale it  have be a discontinuance but by the bargain and sale be make previous to the  fine the bargainee have a fee determinable upon the entry of issue jenk cent  and upon the case of fine   and the common case demonstrate it if tenant in  tail make a lease for year and die the lease be not void but only voidable for  if the issue in tail confirm it by the acceptance of rend it be good for the  time and can afterward be avoid then if his lease convey a estate which be not  determine by his death there can be any reason to say that his lease and  release shall not convey a estate which will have a continuance until it be  avoid by his issue and this be not inconsistent with the statute saint  Westminster Edward c b de gift for although that statute say that a tenant in  tail shall not alien yet by his feoff he make a discontinuance and put the  issue to his action of formedon and the intent of the statute be answer when  the alienation may be avoid by the action of the issue the bargain and sale or  lease and release of a tenant in tail do not make a discontinuance but it may  amount to a alienation of the inheritance which be in he notwithstanding the  statute for as the statute de gift be satisfy when the alienation by the feoff  be avoid by the formedon of the issue by the same reason it be satisfy when  the alienation by bargain and sale or by lease and release be avoid by the  entry of the issue the case be tenant in tail bargain comens and sell a  advowson to one and his heir and afterward die the estate of the bargainee be  not absolute determine although it be of a thing which lie in grant   as to  the case in Litt   Litt sect a the expression in Littleton that tenant in tail  can grant or alien or make any rightful estate of freehold to another person  but for the term of his own life be not to be understand literal that the  grantee have but a estate for life and that his estate be Self facto determine  by the death of the tenant in tail all that be mean by it be that his estate  be certain and indefeasible no long than the life of the tenant in tail for  upon the death of the tenant in tail it be defeasible by the issue either by  action or by entry or claim on the land at his election still it have a  continuance until it be so defeat by the issue Butl   Litt a n and the case of  take and Glasscock carter SC b sand where it be resolve that nothing pass but  for the life of the tenant in tail Littleton there be repugnant to himself and  Hobart hob c say that be confound himself and the case sand afterward resolve  that if a tenant in tail after a bargain and sale to another and his heir levy  a fine to a stranger such fine avail to make the estate of the bargainee good  to he and his heir but bow can a fine to a stranger enure to the benefit of  the heir of the bargainee if the bargain do not give a base fee to the  bargainee and his heir but in the case in question where tenant in tail  covenant to stand seize to the use of himself for life the remainder to his  issue in tail this be absolute void for the covenant to stand seize to the use  of himself for life can be of any avail only as it be necessary to support the  remainder dependent thereupon but the remainder here limit after his death be  absolute void as if a tenant in tail make lease to commence after his death  the lease will be absolute void although lease for year make by he in present  time have continuance after his death if it be not avoid by his issue and if  there be a covenant to stand seize to the use of another and his heir this be  good and passes a base fee to the beneficiary and use and if a tenant in tail  by bargain and sale or by lease and release convey to another and his heir to  the use of himself for life remainder to another the remainder be good because  of the transmutation of the possession so if he covenant to stand seize to the  use of a for life remainder to b and his heir it be a good remainder although  the tenant in tail die during the life of a until it be avoid by the issue  comens but if be covenant to stand seize to the use of himself for life  remainder to another that remainder be void in the commencement and nothing  passes by the covenant and therefore the recovery here be good and the  judgement be affirm by the whole court comens er p