case sprout and his wife against orchard grant of a term for year to a man  habendum after the death of the grantor the term passes present and the  habendum be void S c salk S c salk S c skin S c holt S c Freem trespass for  break the plaintiff close the defendant plead that I S be seize of the place  where in fee and be so seize demise it to the plaintiff testator for a certain  number of year c and that the testator by deed assign it to the defendant and  to another part of the place where c he plead another plea to which the  plaintiff demurrer have traverse the assignment and a venire facias be award  tam ad triandum exit predictum how to seek after de financial loss in case  judgement shall be for the plaintiff upon the demurrer the jury find a special  verdict that b by deed recite that whereas I S have demise such a house to he  and land c be grant and assign to the defendant the say house and all other  the premise and appurtenance together with the say recite lease and all write  and evidence concern the same to have and to hold from and after the death of  the assignor and his wife for and during the residue of the say term unexpired  et si cur it be a good assignment for the plaintiff by for the defendant and  assess damage c but assess no damage on the demurrer for on that there be a  nolle attendance enter sir Bartholomew shower this be no good assignment the  office of premise be to ascertain the estate intend to pass in the habendum  but though the premise do make the estate certain yet it may be utter defeat  by the habendum and therefore here the habendum limit the commencement of the  lease to be from the death of the assignor and his wife defeat the premise a  lease for year shall have a certain commencement and end otherwise it be void  a   light a and here the time of the assignors death be not know and a  habendum not only alter and abridge but sometime whole frustrate the premise a  feoff to a habendum after the death of the feoff be void b cro b true it be  that if a grant be complete in the premise modern report er p contradict  habendum shall be rather void than defeat it c hob dyer c and if it be object  that all the term be grant here in the premise by the word the say recite  lease it may be answer that by the word modern report lease the term be not  extend but the deed indent only because of the word subsequent all the write  and evidence it be argue likewise that the verdict be good notwithstanding the  omission of inquire of damage on the demurrer for as to that it be but a  inquest of office and may be supply by another writ d dyer   d but if the  verdict will have be deficient for this cause it be aid by a nolle attendance  for where a verdict be insufficient by assessment of entire damage or  nonassessment of damage and cost where they ought to be assess it can be  supply by a writ of enquiry but release of damage and cost remedy suit and  imperfection in the verdict contra the word lease contain all his interest in  the land and not the deed indent only for if the indenture be intend to be  convey only it may have be by the other word all write c and then the word  lease ought to carry the term otherwise it will be of no use but such  construction ought to be make as to take without effort cum execution and the  word lease comprehend all his estate in the land a man plead that he have  surrender dimission prd and it be construe a surrender of his interest e see  the case of Peytoe v Pemberton cro car e then all his interest be give in the  premise the habendum be contrary be void f   f and if the assignment be good  the verdict be void for if the jury have find excessive damage on the demurrer  attaint will lie against they and in all case where attaint will lie against  the petit jury for excessive damage there if no damage be assess such a  omission shall not be supply by a new enquiry g   roll Abr g per curium this  assignment be void for if a man grant a lease for year habendum after death it  be void Eyre cite a case to the contrary h roll Abr h but it be deny by holt  chief justice and not mind by the other and a diversity be take where one  grant his term for so many year as shall be arrear after his death and a grant  of his term for four or more year in certain habendum after his death the  first be void the second good a   a and the verdict be insufficient and such  insufficiency not aid by a nolleprosequi and judgement be give per totan  curian that the assignment be not good this judgement be reverse in the  exchequerchamber and that reversal affirm in the lord