a grant to b a lease of land for year determinable on the death of three life  which lease be grant upon a surrender of a old lease of the same land to a and  be to be pursuant to the covenant in the old lease one of which be that upon  the death of any of the three life the lessee if Willing may surrender the old  lease and thereupon a upon payment of a Heriot and pound be to grant a new  lease for three life c but in this new lease the covenant be that b on the  death of any of the three life will absolute surrender the same and pay a  Heriot and pound and one of the life be now dead and b refuse to surrender  this lease and renew it upon payment of the say Heriot and fine the defendant  bring a ejectment and b exhibit this bill and get a injunction the end of  which be to be relieve against the covenant in the new lease it appear that a  have so settle his estate that the now defendant be only tenant for life and  by consequence if he shall surrender the lease the defendant have no power to  grant a new lease for equity case abridge er p three life and the difference  between the old lease and the new be prove decree per Lord Chan that since the  plaintiff be a purchaser of this lease as every lessee be the subsequent  settlement make by a by which the defendant be make tenant for life shall not  prejudice the plaintiff nor forejudge he of the benefit of any covenant in his  lease therefore there be no reason to excuse the plaintiff for nonperformance  of the covenant on his part because the defendant be to all intent capable to  perform that covenant on his part but his lordship say it be clear that a  himself who draw the new lease do draw it in a different manner from the old  one which shall have be theStandard to equity case abridge guide he and that  it be draw for his own advantage but in equity it shall be take as if it have  square with the old lease so that if the lessee be not Willing to renew he  shall be quiet in his possession under the new lease as if he hold by the old  lease mich Geo Ashton and Bretland Mod