Page images

To whom


be reserved, f. 346. i Init. 143 b.

$ 40. With respect to the persons, to whom a renta service may be reserved ; Littleton lays it down as a certain rule, that no rent-service can be reserved upon any feoffment, gift, or lease to any person but the feoffor, donor, or lessor, or to their heirs; and in no manner to a stranger. The reason of this rule is, because the rent is payable as a return for the possession of the land, and can therefore be only made to the person, from whom the land passes.

Gilb. 61.

$ 41. As there can be no reservation of rent-service to a stranger, during the life of the leffor, so a rentservice cannot be reserved after the death of the leffor to any person but the reversioner: for to him the land would belong, if it were not demised.

[blocks in formation]

§ 42. If a person makes a lease to commence after his death, reserving rent to his heirs ; this will be deemed a good rent-service arising in the heir, not by way

of purchase, but as incident to the reversion descending to the heir; and, therefore, may be released by the ancestor, during his life, which it could not be, if it was a new purchase in the heir.

[blocks in formation]

$ 43. But, where a father and his son and heir apparent demised land for years, to begin after the death of the father, rendering rent to the fon; the father died; the lefsee entered; and, the rent being behind, the son distrained. It was resolved, that this reservation of rent was utterly void : for, although the son did prove heir, it bettered not the case by the event; but the reservation must have been to the heir


or heirs of the lessor, by that name ; for that is the only word of privity in law requisite in the reservation of rents; for the heir is eadem perfona cum antecessore.

S 44. Where a rent is reserved generally, without i Inft. 47 a. specifying to whom it shall be paid, it will go to the lesfor, 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 leffor and his heirs, Vide i loft. the effect will be the same; provided the lessor is seised 12. in fee.

Hard. 91.

$ 45. A tenant in special tail leased for years, re- Cother v. serving a rent to himself, his heirs and assigns; and

Merrick, the question was, to whom it should go, after the death of the leffor, the estate having descended to a person, who was not heir at law to the leffor. Lord Chief Baron 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 leffor particularizes the person, there the law will not carry it farther : 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 exa panded according to law.

It was determined in this case, 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.

1 Inst. 47 a.

S 46. If a rent be reserved to the lessor and his assigns, the rent will determine at his death : for the reservation is good only during his life. So, if rent is reserved to him, and his executors, he having the freehold, it will determine at his death ; because the reversion, to which the rent is incident, descends to the heir.

| Vent. 161.

S 47. If a lease be made of a term for years, reserving rent to the lessor and his heirs, such rent will determine by the death of the lessor : for the heir cannot have it, as he could not succeed to the estate; being only a chattel, and the executor cannot have it, there being no words to carry it to him.

Sachevere 11 $ 48. Where a rent was reserved to the leffor, his v. Frogate, 3 Saund. 367. executors, administrators, and assigns, yearly during

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; and conséquently the rent must be carried over to the heir, who came into the inheritance after the death of the leffor, and would have succeeded in the poffefsion of the estate, if no lease had been made : and, if the leffor 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.


S 49. Where no reversion is left in the leffor, and the rent is reserved to his executors, administrators, and assigns, it will go to them and not to the heir.


S 50. A tenant for three lives, to him and his Jenifon v.

Lexington, þeirs, assigned over his whole estate, reserving to him- i P. Wms. self, his executors, administrators, and assigns, a rent of 101.; with a proviso that upon non-payment the 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 the master of the rolls, 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 cove. nant 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 cause 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.

[merged small][ocr errors]

$ 51. Lord Coke says, that 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.

Rep. 139 a.

$ 52. 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 lessee for life to make leases, so that he reserved the accustomed rent, payable to all those who should have the reversion: If tenant in tail made leases according to this power, the lefsees derived their interest out of the first feoffment; how then could the reservation of the rent be good, and how could the heir or the person in remainder come

Vide Tit. 32.

at it ?

S 53. This doubt, however, appears to have been removed by the following determinations.

Thomas Lovct levied a fine to the use of himself for life, and after his decease to his executors for twelve 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. Thomas Lovet made a lease for 60 years, rendering annually to the said

Harcourt v. Pole,

1 And. 173.


« PreviousContinue »