The reports of Sir Peyton Ventris Kt., late one of the justices of the Common-pleas in two parts : the first part containing select cases adjudged in the Kings-Bench, in the reign of K. Charles II, with three learned arguments, one in the Kings-Bench, by Sir Francis North, when Attorney General, and two in the Exchequer by Sir Matthew Hale, when Lord Chief Baron : with two tables, one of the cases, and the other of the principal matters : the second part containing choice cases adjudged in the Common-pleas, in the reigns of K. Charles II and K. James II and in the three first years of the reign of His now Majesty K. William and the late Q. Mary, while he was a judge in the said court, with the pleadings to the same : also several cases and pleadings thereupon in the Exchequer-Chamber upon writs of error from the Kings-Bench : together with many remarkable and curious cases in the Court of Chancery : whereto are added three exact tables, one of the cases, the other of the principal matters, and the third of the pleadings : with the allowance and approbation of the Lord Keeper an all the Judges.

Anonymus.

IN Ejectment upon a Special Verdict the case was thus,

A Lease was made A. and B. for their Lives, Remainder to the first Son of A. &c. Remainder to the Heirs of A. B. conveys his part to A.

The question was, Whether the Contingent Remainder to the first Son were destroyed.

Holt argued that it was. For a Contingent Remainder must have some particular Estate of Freehold to support it, and by the Re∣lease of B. his Estate was gone; and there became an intire Fee in A. For by whotsoever means a Joynt tenant for Life conveys his Moiety to his Companion, it does not enure by Grant of the Estate, but by Release, as Eustace, and Scawens Case, 2 Cro. 696. A. and B. Joynt tenants for Life, A. Levy's a Fine to B. B. dies, there shall be no Occupancy of the Moiety of A. during the Life of A. Jones 55. and the Case of Lewis Bowels, 11 Co. is not to be objected, where an Estate for Life was made to B. and F. the Remainder to their first Son, that they should have in Tail, Re∣mainder to B. and F. in Tail, here, tho' an Estate in Tail is execu∣ted in B. and F. until a Son Born; yet after upon the Birth of the Son, the Contingent Remainder shall vest and split, and divide the former Estate; but here the Fee becomes executed by several Con∣veyances, but there the Estate Tail; was executed by the first Con∣veyance. And in the Case at Bar until the Release of B. the Fee was not executed in B. for the preservation of the Joynture, and so the Plight and Condition of the Estate altered by matter subsequent, and by consequence the Contingent Remainder de∣stroyed.

The Court doubted, whether there were such alteration of the Estate, as to destroy the Remainder; for they said, to some pur∣poses the Fee was executed before the Release, for if the Joynt∣tenants had joyned in a Lease for years, an Action of Wast would he against the Lessee. Et Adjornatur.

Notes

• 2 Co. 60.61.
• Vid. 1 Inst. 184. a.