CCXVI. Farrington and Fleetwood.'s Case. Mich. 29 Eliz. In the Exchequer.
BEtween Farrington and Fleetwood, the Case was, upon the Stat. of 31 H. 8. of Monasteries,* 1.1 The Abbot and Covent of D. 29 H. 8. makes a Lease of certain Lands for 3 Lives, to begin after the death of one J.S. if they shall so long live: And after∣wards, 30 H. 8. within a year before the Dissolution, they make another Lease to JS. If the first Lease in the life of J.S. be such an Estate and Interest, which by vertue of the said Statute shall make the second Lease void, was the Question; For it was not in esse, but a future Interest.
Manwood, All the reason which hath been made for the second Lease is, because the first Lease is but a possibility; for J.S. by possibility may survive all the 3 Lives, and so it shall never take effect: But notwithstanding, be it a possibility, &c. or otherwise, It is such a thing as may be granted or forfeited, and that during the life of the said J.S. And Note also the words of the Statute, If any Abbot, &c. within one year next before the first day of the Parliament, hath made, or hereafter shall make any Lease or Grant for years, life, or lives of any Mannors, &c. whereof and in which