Cro. Jac. 36. Hull and Shardbrook, 4 Rep. Kite and Quinton.
Surrender to the Use of one in Fee, upon Condition to pay 100 l. to a Stranger; it was a Question, if the tender of 100 l. to a Stran∣ger, and he refusing, the Condition is saved? By Beaumont, it is saved, aliter, in Case of an Obligation, where he takes upon him to do it, Cro. El. p. 361. Paulter's Case.
K. L. Father of the Defendant, Copyholder in Fee, surrendred to the Use of the Defen∣dant in Fee, upon Condition he should per∣form the Covenants in such an Indenture; the Defendant was admitted, and after surren∣ders the Land to the Use of the Plaintiff in Fee, upon Condition if the Defendant paid 10 l. the Surrender to be void. The Defen∣dant neither paid the 10 l. nor performed the Covenant in the Indentures. The Father en∣ters and dyes seized, and it descends to the Defendant, and he enters, upon whom the Plaintiff enters: The Question was, if this En∣try were lawful, and adjudged it was not; for by the Entry of the Father both the Surren∣ders are defeated. So the Defendant may confess and avoid what was done to the Plaintiff, Judgment pro Defendente, Cro. Eliz. 239. Simonds and Lawnd, Trin. 33. Eliz.
A Copy-holder saith, he surrenders his Co∣py-hold Estate, and if his Child which shall be Born dyes before his Age of 21 years, that then his Brother shall have it; its not good. This Case falls upon a Rule in Law, That one cannot pass a Copy-hold Estate to begin from a day to come, nor yet upon a Contingency, no more than a Free-hold at Common Law, 2 Bulstr. 274. Simpson and Southern.