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IF a Lease be made for years, and after the Lessor makes another Lease for life to commence after the end of the term, the second Lease is void al∣though there be Atturnment; for a Freehold cannot passe out of any per∣son that hath a greater Estate, reser∣ving
an Estate until the Freehold com∣mences: but if the Lease had been but for years it had been otherwise, and in the mean time the Lessee shall have the Rent reserved upon the first Lease, for a Lease for years is nothing but a Contract. If a Lease be made for ten years to commence at Michaelmas, and after he makes a Lease for twenty years to commence at Easter, the se∣cond Lease is good for ten yeares, though the first Lessee surrenders be∣fore; for it was void for ten years at the first: by the same reason if one makes a Lease for life, and after makes a Lease for years to commence pre∣sently, the second Lease is void al∣though the first Lessee dies within a year after.
If Lessee pur auter vye makes a Lease for twenty years by Indenture, and after purchaseth the Reversion in Fee, and Cesty que vye dies, the Lessor may enter upon the Lessee although the years continue; for he hath a new E∣state and may confesse the Conclusion, and avoid it. But if A. lets Lands in which he hath nothing, and after pur∣chaseth the Land, the Lessee may E∣stop him although he had not any E∣state at the time of the Lease, so he cannot confesse the Lease and avoid
it, as he may in the other case; for in this case the Lease took effect by way of Estopple, but in the other case there was an Interest conveyed at first.
If the Patron grants the next avoi∣dance, and after he, the Ordinary and Incumbent make a Lease of the Rectory for twenty years, the Incum∣bent of the first Grantee shall avoid the Lease, but if he dies during the Lease, the Lessee shall enjoy it during the rest of the years against the Suc∣cessor. And if Land be given to Hus∣band and Wife, and to the Heirs of the Husband, he makes a Lease for years and dies, after the death of the Wife the Lessee shall enjoy the Resi∣due of the years against the Heir of the Husband; for the Lease did once take effect. But where a Lease for life is made, and a Lease for years to begin presently, that was void at the begin∣ning against all persons, and there∣fore can never take effect. If the Do∣nor disseiseth the Tenant in tail and makes a Lease for years, and the Te∣nant in tail dies without Issue, the Lessee shall have the Residue of the term against the Donor; but if Te∣nant in tail makes a Lease for years, and the Donor confirms, and the Issue
outs the Termor and dies without Is∣sue, the Lessee shall not enjoy his term; for in the one case he claims from the Donor, and in the other from the Donee.
If a Lease be made to A. for life, and twenty years over, he shall have the years although livery be not made of the Land.
If a lease be made for the lives of A. and B. and A. dies, the lease shall continue for the life of B. But if two make a lease for sixty years, if they two shall so long live, if either of them die the Estate is determined; for that was not a limitation but a Condition. But if a lease be made during the time that A. and B. shall inhabit within London, and one of them dwells in a∣nother place, the lease is determined, for it is a collaterall determination.
If I licence one to occupy my land until the Corn that is growing upon him is ripe, that is a good lease.
Lessee for twenty years makes a lease for ten years, and then makes a lease to the same lessee for ten years to commence after the determi∣nation of the first ten years, the last ten years are not out of the first lessee, and therefore the second lessee shall have the Rent which was reserved by
the first lessor during the first ten years. Quaere.
A. makes a lease for twenty years, and then makes another lease for forty years to C. to commence after the expiration of the first lease, and then he makes a lease to the first lessee for thirty years, the lease of C. shall not begin presently; for nothing ex∣tinguishes and avoids the lease but the taking the second lease. And then the lease to C. is an impediment that the second lease cannot commence, and therefore the first lease is not determi∣ned.
Tenant in tail marries, and makes a lease for years, the Wife endowed shall avoid the lease for her time, but after her decease the lease will stand good against the Heir if the Heir accepts the Rent. If Tenant in tail makes a lease for years, and marries, and dies with∣out issue, the Donor avoids the lease, and the Wife recovers her Dower, the Lessee shall enjoy it against her.
A. makes a lease for forty years, Provided, that if B. dies within the term, that it shall be but for twenty; A. dies at the end of four and twenty years, the lessor brings an Action of Waste, for waste done between the three and twenty and four and twenty
years: some think it is maintainable in the tenuit, for the term continues untill the death of B. If a Rent had been granted for forty years with such a Proviso, and he dies, ut supra, the Tenant of the Land may have an A∣ction of Accompt for the Rent recei∣ved after the twenty years; for now upon the matter the Grant ended at twenty years.
If a Lease be made of Land to me during my life, and the life of B. that is but an Estate for my own life; for the greater drowns the lesser. If a Lease be made to two for forty years, if they shall so long live, and one dies, the Lease determins; for it is a Con∣dition and not a Limitation. So if the Lease had been so long as A. and B. shall be Justices, &c. A. lets during the life of Baron & Fem, the Lessee grants during the Coverture.