case clun against fisher Trinity term James roll if a lease be make for fifty  year if the lessor live so long render rend at Michaelmas or within thirteen  week afterward and the lessor die after Michaelmas within the thirteen week  the rend for that payment be discharge ante post   cro Elizabeth   light salk  Mod Yelv Leon Bulst sand sand side ld raym salk Mod peer will Prec Chan debt  for fifty pound rend reserve upon a lease for year the case upon demurrer be  that whether Breedon tenant for life make a lease for fifty year if she live  so long render annual during the term two hundred pound quarterly at  Michaelmas Christmas the annunciation and midsummer by equal portion or within  thirteen week after every of the say feast she die after Michaelmas and within  the thirteen week and for the rend due at Michaelmas before her death this  action be bring and all this matter be disclose in the count the defendant  demurrer in law the sole question be whether this rend be due she die after  Michaelmas and before the end of the say thirteen week croak throw it be argue  by Hedley for the defendant and Yelverton for the plaintiff and after argument  at the bar Fleming chief justice and William deliver their opinion that this  rend be not due for the reservation be in the disjunctive at the four feast or  within the thirteen week after every of the say feast nothing be due until the  end of the thirteen week but there be only a election give to the lessee to  pay it at the feast if he will but until the end of the thirteen week he can  demand it by distress or action of debt and therefore be not any duty and if  the ancestor make such a lease and die after Michaelmas before the end of the  thirteen week this rend shall go to the heir and not to the executor and if  the lessor release all action and demand after Michaelmas before the end of  six month this rend be not release but peradventure by a particular release  with precise word it may be release and if the lessee make a forfeiture and  the lessor enter therefore in the interim betwixt Michaelmas and the end of  the thirteen week no rend be due to the lessor and there be a difference  betwixt this case and the case of Barwick v foster a where a lease make for  twentyone year render annual at Michaelmas or within forty day such rend the  lease beginning at Michaelmas shall end there and the rend be due for the last  year although the year expire before the forty day for the reservation be  annual during the term at the say feast or within forty day it shall be  expound accord to their contract at the end of every forty day during the term  but the term end at Michaelmas so as there can be forty day after during the  term the law reject that forty day at the last feast for that can be and then  it be due at the feast accord to the contract of the party but here the term  be uncertain depend upon the life of the lessor the law respect the thirteen  week as the feast and as if she die before the feast it be not due so if she  die after the feast and before the thirteen week end it be not due by the  contract and if there be a eviction by elder title betwixt Michaelmas and the  thirteen week there be not any rend due for the reservation be at such day  during the term croak justice to the contrary for the rend be reserve Payable  annual and be a duty at the say feast otherwise it be not annual reserve nor  Payable and the addition or within thirteen week be but a enlargement of the  day of payment for the ease of the lessee at his election and he deny the law  to be so in the case put of the death of the ancestor after Michaelmas where  the eviction be after a ante croak James er p Michaelmas for he hold that the  rend be due to the executor and not to the heir and be due notwithstanding the  eviction after Michaelmas for otherwise the intent of the party to have all  annual reservation be destroy if the rend be not due until a year and a  quarter after et adjournatur croak throw note afterward it be adjudge for the  defendant see dyer and the ease of smith v bustard