1 Inst. 47 a. Cother v. Merrick, Hard. 89. 1 Inst. 47 a. Wootton v. Edwin, was the only word of privity in law requisite in the reservation of rents; the heir being eadem persona cum antecessore. 39. Where a rent is reserved generally, without specifying to whom it shall be paid, it will go to the lessor; and after his death, to the person who would have inherited the land, if no such lease had been made. If the reservation be to the lessor and his heirs, the effect will be the same; provided the lessor is seised in fee. 40. A tenant in special tail leased for years, reserving a rent to himself, his heirs and assigns; the question was, to whom it should go, after the death of the lessor; the estate having descended to a person who was not heir at law to the lessor. Lord Ch. B. Widdrington laid down the following points: 1. Where no person in particular is named to receive the rent, it shall go to the heir, together with the reversion; but where the lessor particularizes the persons, there the law will carry it further, for the agreement of the parties prevents the construction of law. 2. Where the reservation is special, and to improper persons, there the law follows the words. 3. Where the words are general, they will be expounded according to law. Resolved, that the rent should go with the reversion to the special heir in tail, though it was reserved to the heirs generally; for the word heir should be taken in that sense which would best answer the nature of the contract; which was, that those who would have succeeded to the estate, if the lease had not been made, should enjoy the rent. 41. If a rent be reserved to the lessor and his assigns, it will determine at his death; for the re12 Rep. 36. servation is good only during his life. So if a rent is reserved to him and his executors, he having the free hold, it will determine at his death; because the reversion, to which the rent is incident, descends to the heir. But if a lease be made of a term for years, 1 Vent. 161. reserving rent to the lessor and his heirs, it will determine by the death of the lessor; for the heir cannot have it, as he cannot succeed to the estate, being only a chattel; and the executor cannot have it, there being no words to carry it to him. 42. Where a rent was reserved to the lessor, his Sacheverell executors, administrators, and assigns, yearly, during 2 Saund.367. v. Frogate, the term, it was resolved, that it should go to the heir of the lessor; for although there was no mention of the heirs in the reservation, yet there were words which evidently declared the intention of the lessor, that the payment of the rent should be of equal duration with the lease; the lessor having expressly provided that it should be paid during the term; consequently the rent must be carried over to the heir, who came into the inheritance after the death of the lessor, and would have succeeded in the possession of the estate, if no lease had been made. And if the lessor had assigned over his reversion, the assignee would have the rent as incident to it; because the rent was to continue during the term, and must therefore follow the reversion, since the lessor made no particular disposition of it, separate from the reversion. 48. Where no reversion is left in the lessor, and the rent is reserved to his executors, adminis trators, and assigns, it will go to them, and not to the heir. 44. A tenant for three lives, to him and his heirs, Jenison v. assigned over his whole estate, reserving to himself, IP. Wms. Lexington, his executors, administrators, and assigns, a rent of 555. 10%, with a proviso, that upon non-payment the 1 Inst. 214 a. n. ). 1 Rep. 139 a. assignor and his heirs might re-enter; and the assignee covenanted to pay the rent to the assignor, his executors and administrators. The question was, whether this rent should go to the heir or executor of the assignor. It was decreed by Sir J. Jekyll, that the rent should go to the executor; as it was reserved to him, and there was no reversion left in the assignor, to which the rent was incident, so as to carry it to the heir. It was also held, that the covenant to pay the rent to the executors and administrators of the assignor, was good and binding, both in law and equity. And though the proviso was, that in case of non-payment of the rent, the assignor and his heirs might re-enter, yet the Court thought this immaterial; as in equity the heir must, in this case, be looked upon as a trustee for the executor. This case came on again before Lord King, who was of opinion, that there being no reversion, the rent might be well reserved to the executors, during the three lives; and decreed accordingly. 45. Lord Coke says, if tenant for life and the person in reversion join in a lease for life, or gift in tail, by deed, reserving a rent, this shall enure to the tenant for life, only during his life, and after his death to the person in reversion. 46. It is said, in Chudleigh's case, that if a feoffment in fee be made to the use of one for life, and after to the use of another in tail, with remainder over, with power to the tenant for life to make leases, so that he reserve the best accustomed rent, payable to all those who would have the reversion; if tenant for life makes leases pursuant to his power, the lessees derive their interest out of the first feoffment. How then can the reservation of the rent be good; and how could his heir, or he in remainder, come at it ? This doubt appears to be removed by the following determinations. 47. Thomas Lovet levied a fine, to the use of him- Harcourt self for life, after his decease to his executors for 1 Aud. 173. v. Pole, 12 years, remainder to his first and other sons in tail, remainder over, with a power to T. Lovet to make leases, not exceeding 99 years. T. Lovet made a lease for 60 years, rendering annually to himself, during the term, and after his decease, to such person and persons to whom the reversion or remainder of the premises should, from time to time, belong, by the said limitation of uses, the sum of 31. It was agreed by the Court, that the lease was good enough, and that the rent was distrainable by those in remainder, as they happened to be immediate to the lease. Case, 8 Rep. 69. 48. W. Whitlock, being tenant for life, under a Whitlock's declaration of uses of a fine, remainder to his son in tail, remainder over, with a power of leasing, demised the premises, reserving rent to himself, his heirs and assigns, and to such other person or persons as should be entitled to the inheritance of the said premises after his decease. It was objected, that this reservation was void; as rent could only be reserved to the lessor, donor, or feoffor, and their heirs, and not to persons only privies in estate, as remainder-men and reversioners. But it was resolved that the reservation was good that if a reservation had been to the lessor, and to every person to whom the inheritance or reversion of the premises should appertain during the term, it would have been good; for the law would distribute it to every one to whom any limitation of the use should be made. And it was And it was agreed, that the most clear and sure way was to reserve the rent yearly during the term, and leave the law to make At what Time payable. Lat. 264. 3 Bulst. 329. Harrington v. Wise, 2 Roll. Ab. 450. Įd. 449. Id. 450. Idem. Clun's Case, 10 Rep. 127. the distribution, without an express reservation to any person. 49. With respect to the time when rents are payable, it is either by the particular appointment of the parties in the deed, or else by appointment of law. But the law never controls the express appointment of the parties, where such appointment will answer their intention. 50. Where rent is reserved generally, it is payable at the end of the year; but if it be reserved annuatim durante termino prædicto, the first payment to begin two years after, this will control the words of reservation. 51. If a rent be made payable at the two most usual feasts, without specifying them, the law will construe this to mean Michaelmas and Lady-day; because those are the days usually appointed in contracts of this nature for such payments. 52. If a lease be made for years, provided the lessee shall pay 10l. at Michaelmas and Lady-day, by even portions, during the term, though the word annually be omitted, yet the law will construe it to be so; because it is made payable during the term. 53. If a lease be made on the first of May, or at any other time, reserving rent, payable quarterly, this shall be intended quarterly from the date of the lease, and not at the usual feasts. 54. If a lease be made, reserving rent at the two usual feasts, without saying by equal portions, the rent shall, notwithstanding, be paid by equal portions. 55. A lease was made for 20 years, reserving rent during the term, payable at Michaelmas and Ladyday, or within 13 weeks after every of the said feasts. Resolved, that the rent was not payable till |