To whom Rents may be Gilb. 61. 2 Roll. Ab. 447. pl. 2. 2 Saund. 370. Oates v. Frith, Hob. 130. may § 40. With refpect to the persons, to whom a rent fervice be reserved; Littleton lays it down as a certain rule, that no rent-fervice can be referved upon any feoffment, gift, or leafe to any person but the feoffor, donor, or leffor, or to their heirs; and in no manner to a stranger. The reafon of this rule is, because the rent is payable as a return for the poffeffion of the land, and can therefore be only made to the perfon, from whom the land paffes. § 41. As there can be no refervation of rent-service to a stranger, during the life of the leffor, fo a rentservice cannot be reserved after the death of the leffor to any perfon but the reverfioner: for to him the land would belong, if it were not demised. § 42. If a perfon makes a leafe to commence after his death, referving rent to his heirs; this will be deemed a good rent-fervice arifing in the heir, not by way of purchase, but as incident to the reverfion defcending 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. $ 43. But, where a father and his fon and heir apparent demised land for years, to begin after the death of the father, rendering rent to the fon; the father died; the leffee entered; and, the rent being behind, the fon diftrained. It was refolved, that this refervation of rent was utterly void: for, although the fon did prove heir, it bettered not the cafe by the event; but the refervation must have been to the heir or or heirs of the leffor, by that name; for that is the only word of privity in law requifite in the refervation of rents; for the heir is eadem perfona cum anteceffore. § 44. Where a rent is reserved generally, without Inft. 47 a. specifying to whom it shall be paid, it will go to the leffor, and after his death to the perfon, who would have inherited the land if no fuch leafe had been made. If the reservation be to the leffor and his heirs, Vide Inft. the effect will be the fame; provided the leffor is feised in fee. 12. Merrick, Hard. 91. § 45. A tenant in special tail leafed for years, re- Cother v. serving a rent to himself, his heirs and affigns; and the question was, to whom it fhould go, after the death of the leffor, the estate having defcended to a perfon, who was not heir at law to the leffor. Lord Chief Baron Widdrington laid down the following points: 1. Where no perfon in particular is named to receive the rent, it fhall go to the heir together with the reverfion. But, where the leffor particularizes the person, there the law will not carry it farther: for the agreement of the parties prevents the conftruction of law. 2. Where the reservation is fpecial, and to improper perfons, there the law follows the words, 3. Where the words are general, they will be expanded according to law. go It was determined in this cafe, that the rent fhould with the reverfion to the fpecial heir in tail, though it was reserved to the heirs generally for the word heir fhould be taken in that fense which would best answer 1 Infl. 47 a. Vent. 161. Sacheverell V. Frogate, answer the nature of the contract; which was, that thofe, who would have fucceeded to the estate, if the lease had not been made, should enjoy the rent. § 46. If a rent be referved to the leffor and his affigns, the rent will determine at his death: for the refervation 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 reverfion, to which the rent is incident, defcends to the heir. § 47. If a leafe be made of a term for years, referving rent to the leffor and his heirs, fuch rent will determine by the death of the leffor: for the heir cannot have it, as he could not fucceed to the estate, being only a chattel, and the executor cannot have it, there being no words to carry it to him. § 48. Where a rent was reserved to the leffor, his 3 Saund. 367. executors, administrators, and affigns, yearly during the term; it was refolved that it should go to the heir of the leffor: for, although there was no mention of the heirs in the refervation, yet there were words, which evidently declared the intention of the leffor, that the payment of the rent should be of equal duration with the leafe; the leffor having exprefsly provided, that it fhould be paid during the term; and conféquently the rent must be carried over to the heir, who came into the inheritance after the death of the leffor, and would have fucceeded in the poffeffion of the estate, if no leafe had been made: and, if the leffor leffor had affigned over his reverfion, the affignee would have the rent as incident to it; because the rent was to continue during the term, and must therefore follow the reverfion, fince the leffor made no particular difpofition of it, feparate from the reverfion. S 49. Where no reverfion is left in the leffor, and the rent is reserved to his executors, administrators, and affigns, it will go to them and not to the heir. S 50. A tenant for three lives, to him and his heirs, affigned over his whole estate, referving to himself, his executors, administrators, and affigns, a rent of 10%.; with a provifo that upon non-payment the affignor and his heirs might re-enter. And the affignee covenanted to pay the rent to the affignor, his executors and administrators. The queftion was, whether this rent fhould go to the heir or executor of the affignor. It was decreed by the mafter of the rolls, that the rent fhould go to the executor; as it was referved to him, and there was no reverfion left in the affignor, to which the rent was incident fo as to carry it to the heir. It was alfo held, that the covenant to pay the rent to the executors and adminiftrators of the affignor was good and binding, both in law and equity and, though the provifo was that, in cafe of non-payment of the rent, the affignor and his heirs might re-enter; yet the court thought this immaterial, as in equity the heir muft, in this cafe, be looked upon as a trustee for the executor. VOL. III. Y This Jenifon v. Lexington, 1 P. Ŵms. 555. This caufe came on again before Lord King; who was of opinion, that, there being no reverfion, the rent might be well referved to the executors during the three lives; and decreed accordingly. 51. Lord Coke fays, that if tenant for life and the person in reverfion join in a lease for life, or gift in tail, by deed, referving a rent; this fhall enure to the tenant for life only, during his life, and after his death to the person in reverfion. $ 52. It is faid in Chudleigh's cafe, that if a feoffment in fee be made to the use of one for life, and after to the ufe of another in tail, with remainder over, with power to the leffee for life to make leafes, fo that he reserved the accustomed rent, payable to all those who should have the reverfion: If tenant in tail made leafes according to this power, the leffees derived their intereft out of the first feoffment; how then could the refervation of the rent be good, and how could the heir or the perfon in remainder come at it? § 53. This doubt, however, appears to have been removed by the following determinations. Thomas Lovet levied a fine to the use of himself for life, and after his deceafe to his executors for twelve years; remainder to his first and other fons 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 faid Thomas |