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CL. Pasch. 26 Eliz. In the Common Pleas.
A. Granted to B. a Rent-charge out of his Lands, to begin when J.S. died without Issue of his body; J.S. died, having Issue; which Issue died without Issue. Dyer said, The Grant shall not take effect; For J.S. at the time of his death had Issue: and therefore then the Grant shall not begin; and if not then, then not at all. And by Manwood, If the words had been, To begin when J.S. is dead without Issue of his body, then such a Grant should take effect when the Issue of J.S. dieth without Issue, &c. Dyer, If the Donee in tail hath Issue, and dieth without Issue, The Formedon in Reverter shall suppose that the Donee himself died without Issue; For there is an Interest, and there is a dif∣ference betwixt an Interest and a Limitation: For if I give Lands to A. and B. for the Term of their lives, if any of them dieth, the Survivor shall have the whole. But if I give Lands to A. for the life of B. and C. now, if B. or C. die, all the Estate is de∣termined, because but a Limitation, and B. and C. had not any Interest. See Cook 5 Part, Bradnell's Case.