clerk versus Sydenham pasch James a ejectment bring by the plaintiff of a  lease make of land by p and b and not guilty plead and e evidence of the  defendant part be by reason of a lease of the land in question make by the  abbot of Cleeve before the dissolution to W d and Jo his wife and f their  daughter for their life by indenture and by the same indenture the abbot  covenant grant and confirm to the three lessee that the land shall remain to  the assignee of the survivor of they for ninety year Fr survive and take to  husband one hill who the Elizabeth grant their estate for life to I S and all  their interest in the remainder and all their power for all the term and this  by mean assignment come to the defendant and whether any interest pass in  remainder by the lease of the abbot be the question and by all the five judge  it be hold to be a good interest in possibility and to be reduce into a  certainty in the person of the survivor as where land be give to three and the  right heir of the survivor this be a good limitation of the inheritance  present but it be in expectance until the survivor be know for then the fee be  execute in he and Popham vouch a case in his experience Elizabeth in which  sergeant baker be of counsel and it be a lease which be make to husband and  wife for life and forty year to the survivor of they the husband and wife join  in grant of this interest and although it be certain one of they shall survive  yet the grant be void because at the time of the grant there be not any  interest but only a possibility in either of they and although in the case in  question the remainder be not limit to any of the three lessee but to the  assignee of the survivor yet the court be of opinion that this be not a bare  nomination in the survivor to appoint what person he please but a term and a  interest and Popham take this difference if a lease be make to I S for life  and after his death to the executor and assign of I S this be a interest in I  S to dispose of it but if it have be limit to I S for life and afterward to  the executor and assign of I d here this be a bare power in I d and his  executor because they be not party or privy to the first interest which be  agree and it be also agree that whether it be a interest or a word of  nomination it be all save to the party by the statute of h of monastery which  give the house dissolve Brownlow goldsborough to the king but in the same  degree and quality as the abbot have they and the abbot be charge with the  power give by he elf and so be the king which mark