case machel against clerk if tenant in tail covenant to stand seize to the use  of himself for life with remainder to the use of his son in tail and afterward  suffer a common recovery in which he be modern report er p tenant to the  prcipe with single voucher to other use than those in the covenant to stand  seize the recovery be good and bar the issue in tail for the covenant to stand  seize make no alteration in the estatetail but convey a base fee defeasible  only by the entry of the issue in tail S c Mod S c salk S c comy S c holt S c  ld ray in error out of the court of common plea the case upon the special  verdict be thus a tenant in tail covenant to stand seize to the use of himself  for life remainder to diverse other person and afterward suffer a recovery to  other use the question be whether this recovery be a good recovery if by the  covenant to stand seize be make any alteration in the estatetail then the  recovery can not be good for there be a wrong tenant to the prcipe if by the  covenant to stand seize there be not any alteration then it be good but all  the court hold that by the covenant to stand seize there be no alteration and  so the recovery be good holt chief justice deliver the opinion of the court  but only his own reason but the rest of the judge agree with he it have be a  question whether if a tenant in tail make a grant with livery bargain and sale  lease and release it give the grantee bargainee c any great estate than for  the life of the tenant in tail but it have be hold that it create a base fee  in such grantee c which be against the opinion of Litt sect and the reason for  it have be these first because a tenant in tail have more than a estate for  life he have the inheritance in he as appear by   light foe a if a gift in  tail be make to a villain and the lord enter the lord have a feesimple qualify  modern report which can not be if the villain as tenant in tail have not as  great a estate in he second he have the whole estate in he therefore these  sort of conveyance be incident to it three it be no prejudice to the heir in  tail nor against the statute de gift the put the issue to a formedon be no  breach of the statute de gift so it do not put he to a entry a see seymour  case   and the case of fine   a such a bargainee have a descendible estate and  his wife shall be endow of such estate Littleton say the estate of such  releasee or bargainee be determine by the death of tenant in tail but by these  opinion it be not determine until the issue enter the issue be not bar of his  law to retake but until he use that the other have a good estate and so in the  case of Sackville v Earnsly c winch c and Maud v French d bridge d in the case  of exchange e   light e if a tenant in tail in exchange give a feesimple it be  good until avoid by the issue in tail and yet the rule be that both the estate  exchange must be equal in quality which prove there may be a feesimple pass  out of the tenant in tail and good until avoid by the issue but  notwithstanding all this in this case the covenant to stand seize do not alter  the estatetail and so the recovery be good because by this covenant these use  do not take effect during the life of the tenant in tail which they must do if  they make any alteration in the estatetail or at least there must be a  possibility of their take effect during his life but here they be not to vest  till after his death and so signify nothing because the title of the heir in  tail which be paramount vest immediate but it may be say that here he have  make himself tenant for life and by that the estatetail be alter during his  life but to this I answer that it have no effect thereon but be absolute void  as to that it be only make to support the remainder and the judgement in the  court of common plea be affirm note the case in sand and Litt sect be deny to  be law in this case per holt chief justice modern report er p modern report  hilary term the first of queen whether in the queen bench sir John holt Knt  chief justice sir John Turton Knt sir Henry gold Knt sir Littleton powys Knt  justice Edward Northey Esq attorneygeneral Simon Harcourt Esq solicitor  general