case the case OF baker against hack vide ante page a lease for life not  warrant by Henry c make by a tenant in tail and the reversioner in fee be a  discontinuance not only of the estate in tail but of the reversion also  notwithstanding the fee be in the reversioner by the death of the tenant in  tail without issue provide the lessee survive roll ab roll ab lev   light more  and Lut Com dig pow Dev bull n p Com dig Cowp h Bl Rep this case be now this  term argue at the bar and after at the bench and Brampton Jones and Berkley  justice argue that the devise be void for they all hold that the lease for  life be only the lease of the tenant in tail during his life b ld raym a burr  b stram will will dougl croak car er p and the life of the lessee and then it  be a discontinuance and the reversion take from he in reversion be displace  and then he have nothing in the reversion but only a right can make a devise  for the lease be a lease for life render a peppercorn be not warrant by the  statute of Henry c and then be a lease for life of the lessee the livery be  only make by the tenant in tail for he have the sole power of the immediate  freehold and the immediate possession and inheritance then when they make a  lease for life it be a immediate wrong to the entail and discontinue the  estatetail during the life of the lessee and the tenant in tail have gain a  new fee and be seize of a reversion in fee expectant upon the estate for life  during the lease and it be a new reversion in the plaintiff and for that they  rely upon the yearbooks Henry and Henry if there be tenant in tail remainder  to his right heir he may be restrain by a condition not to alien for his feoff  be there hold a discontinuance and Jones cite a case adjudge Lord Cromwell v  Andrews a tenant in tail remainder to his right heir make a feoff by deed and  deliver the deed to the feoff and after livery be make by a attorney the  question be whether the remainder pass by the delivery of the deed for then  livery to he in remainder have not be a discontinuance but it be resolve that  it be a discontinuance and there be no difference when tenant in tail  remainder to his right heir make a feoff and when he in reversion and tenant  in tail join in a lease for life which be a discontinuance and it be a  discontinuance present or it can be a discontinuance by the death of the  tenant in tail have issue for as Brampston say the change of the reversion  croak car be present by the livery or not at all and it be not change by the  death of the tenant in tail have issue and that be a lease for the life of the  lessee can be construe to be a lease for the life of the tenant in tail as it  shall be construe if it be not a discontinuance and after his death without  issue a lease for life against he in reversion wherefore they all conclude  that it be a discontinuance and judgement ought to be give for the defendant  but I argue to the contrary that it be not any discontinuance nor the  reversion displace first because it shall not be take to be a tortuous lease  and a discontinuance when by any mean it may be construe a good and rightful  lease and it may be here so construe when tenant in tail and he in reversion  join for it be a estate derive out of both their estate videlicet a lease of  the tenant in tail as long as he life and afterward of he in reversion as  Treports case a be resolve second it be no discontinuance because they join in  the lease for he in reversion join in the act of make of this lease and so it  be not the intention of any of the party to disinherit he in reversion and to  take away or displace the reversion wherefore the law shall not make any such  construction especial here when tenant in tail be dead without issue there be  notany issue against who there shall be a discontinuance and it be not a  discontinuance to the reversion because he join to prove this be vouch Bredons  case b and a act may be a discontinuance now and not a discontinuance by  matter ex post as if tenant in tail feoff he in reversion and a stranger and  be in reversion survive it be no discontinuance so if husband and wife make a  lease for life by deed of land of the wife if the wife after the death of the  husband agree it be no discontinuance but if she disagree it be a  discontinuance so here if tenant in tail have die have issue it may have be a  discontinuance against the issue but if otherwise it be against the intent of  the party to construe it to be a discontinuance when tenant in tail have no  issue but all the other justice hold it to be a tortuous act in itself and  that although he have not afterward any issue it be not material wherefore it  be adjudge for the defendant a cro Elizabeth a     light a b Henry pl   a  croak car er p