case dame griffin against stanhope a lease for year make by a husband to  trustee for the use of his wife with a condition endorse on the back of it to  be void on his make her a jointure be good if execute in pursuance of a  promise of such jointure make previous to and in consideration of their  intermarriage ante roll ab more vern vern lev hard Chan Cas Powel on power a  conveyance make upon good consideration though make secret and keep conceal be  not fraudulent in contest the validity of a common recovery the court will  presume a good tenant to the praecipe unless the contrary appear a lease may  be determine by a condition endorse on evidence to a jury at the bar the  matter be send out of the chancery to be try here the case appear to be thus  there have be communication of marriage betwixt sir Robert griffin and lady  Stowell the say griffin before the affiance promise to assure to her one  thousand pound per annum for her jointure his estate be then worth twelve  thousand pound per annum wherefore she repose confidence in his promise marry  with croak throw he before any assurance or covenant in write whatsoever a but  afterward he by deed convey land of a vide for these prescription Edward pl  Edward pl Edward pl Edward pl a see Henry c a by car c S no action shall be  bring whereby to charge any person upon any agreement make upon consideration  of marriage unless some memorandum or note thereof shall be in write and sign  by the party to be charge therewith or some other person by he lawful  authorize see vent croak James er p great value to some friend of lady Stowell  then his wife to the use of the say lady for term of one hundred year if she  shall live so long to commence after his death and it be endorse upon the  backside of the say deed that the intent thereof be that when there shall be a  jointure of one thousand pound per annum settle upon her accord to the first  agreement that then the lease shall be void and whether this be a fraudulent  lease or no be the question because it be with a proviso to determine at the  will of the husband the court take this difference that where lease be make  with a proviso that if the lessor pay ten shilling that then the lease shall  be void such lease shall be void as to the purchaser because it be apparent  that the sum to be pay be not of the value of the land but only limit as a  power of revocation but if a man mortgage his land for one thousand pound  proviso that if the mortgager pay the one thousand pound that then the lease  shall be void this be not a fraudulent lease but shall be good against the  purchaser if the money be not pay thereupon and the court hold that this lease  be make in pursuance of the first promise although there be not any mention of  any lease to be make yet it be ground upon good consideration and not  fraudulent another objection be that the lady have conceal this lease during  her husband life and therefore it shall be fraudulent because if she have  speak thereof she may have hinder purchaser c but it be thereto answer by  Montague chief justice that all action ought to have their resort to their  first original and he agree that it have be better if she have discover that  she have such a lease but the lease be good at the first the concealment  thereof can make it ill another objection be make that her husband be tenant  in tail at the time of make this lease and therefore it be a void lease to  begin after his decease and to this objection the court seem to incline but to  avoid it those of counsel with the lady produce a common recovery which have  dock the entail whereupon the counsel on the other side press they to prove  who be tenant to the praecipe at the time of the recovery but the court will  not allow thereof for it shall be intend to be a good recovery and if it be  otherwise the proof ought to be make by the other party another objection be  make that this be the land of king Henry the three who give it to Elinor with  his old son in tail the reversion in the crown so that griffin have not any  title to make this lease and they show a grant from the king to entitle  themselves whereto Hilcham sergeant say that if there be a gift in tail the  reversion in the crown before the statute de gift croak throw and the  possession have be time whereof c in purchaser if the possession can be prove  to be in the king after the statute of Westminster the second it shall be  intend to be make post offspring encourage and before the statute de gift and  so if a parson show that two hundred year certain land be parcel of his glebe  it be not therefore of necessity that the other shall produce a confirmation  from the patron and ordinary for the continuance of the possession make it  intendible to be accord to the law at the time when it be make afterward they  on the other side show a record in the ten year of Edward the three which be  long after the statute de gift prove it to be in the reign of king Edward the  three and that the estatetail then continue Montague chief justice say he will  be better advice whereupon and by the motion of the other justice the party  agree to have a juror withdraw which be do accord note it be say in this case  that a lease may determine by force of a condition endorse upon the backside  thereof if it be before the ensealing and delivery as well as by force of a  condition within the deed which be not deny by any croak James er p croak  throw hilary term James in the king bench sir Edward Montague Knt chief  justice sir John croak Knt sir John Doderidge Knt sir Robert Houghton Knt  justice sir Henry Yelverton Knt attorney general sir Thomas Coventry Knt  solicitor general