Tit. 3. f. 94. 3 P. Wins. 264. note D. Curtely. I Inft. 29 a. 1 Rep. 97. Dettrick v. Bradburn, 1 Sid. 110. 117. their hands, and, if not devifed, be confidered as · perfonal estate. Sio. It is faid by Mr. Cox to have been laid down by Lord Keeper Harcourt, that if, since the statute of frauds, a rent be granted to A. for the life of B. and A. die, living B., A.'s executors or adminiftrators shall have it during the life of B. For the ftatute is not only made, to prevent the inconvenience of fcrambling for eftates, and getting the firft poffeffion, after the death of the grantee; but likewife for preferving and continuing the eftate, during the life of the cftui que vie; that though, by his dying without having made any fuch difpofition, in nicety of law, this eftate would have determined; yet by the ftatute that intereft, which paffed from the grantor, ought to be preferved, and fhould go to the executors or adminiftrators of the grantee, during the life of the cestui que vie. and the ftatute, in this cafe, did not enlarge, but only preferve, the eftate of the grantee. § 11. A perfon may be tenant by curtesy of a rent, as well as of land: and a feifin in law will be sufficient for this purpofe; because, in many cafes, it may be impoffible for the hufband to acquire any feifin. other § 12. A rent-charge was granted to a woman and her heirs, payable at two feasts in the year; the first payment to be made at fuch of the faid feaft days, as fhould happen after the death of J. S. The woman married, had iffue, and died; and the queftion was, whether whether the husband fhould be tenant by the curtesy of this rent. No judgment appears to have been given; but Glynn, Chief Juftice, thought the husband was entitled to curtefy; for, although the rent was to commence in futuro, yet it was grantable over prefently, which proved it to be in effe; fo that the wife might be faid habere hereditatem, and the feifin was not material, it being the cafe of a rent. 1 Inft. 30 a. Vide Tit. 5. § 13. It is faid by Lord Coke, that, if a woman make a gift in tail, and referve a rent to her and her ch. 2. f. 10. heirs, and the donor taketh husband and hath issue, and the donee dieth without iffue, the wife dieth, the husband fhall not be tenant by the curtesy of the rent for that the rent newly reserved is by the act of God determined, and no ftate thereof remaineth. But, if a man be feifed in fee of a rent, and maketh a gift in tail general to a woman; fhe taketh husband, and hath iffue; the iffue dieth; the wife dieth; without iffue; he shall be tenant by the curtefy of the rent, because the rent remaineth.. Mr. Hargrave has added to this paffage the following note from Lord Hale's manufcripts." So, if it was "a rent de novo granted in tail, and the wife dies "without iffue, the husband fhall be tenant by the "curtefy." 1 Inft. 32 a. § 14. A rent fervice is fubject to dower; fo that if Dower. a husband make a leafe for years, either before or after the coverture, referving a rent, and dies; his widow will be endowed of a third part of the rever Idem. note 4. Idem. fion, together with a third part of the rent. So, if the husband make a gift in tail, referving rent; as fuch rent is payable out of an eftate of inheritance, the wife will be endowed of a third part of it, as long as it continues. But, if a husband, before marriage, makes a leafe for life, referving rent to him and his heirs, and dies; his widow will not be endowed of this rent, because her husband had not an estate of inheritance therein. § 15. A rent-charge in fee or in tail is alfo fubject to dower; but an annuity, which is only a perfonal inheritance, is not fubject to dower. And, if a rentcharge be granted to a man and his heirs, who dies, ■ Inft. 144 6. and his widow brings a writ of dower against the heir; who answers that he claims the fame as an annuity, and not as a rent-charge, yet the widow fhall recover dower out of it: for the heir cannot determine his election by claim, but by fuing a writ of annuity. Perk. 373. Chaplin v. 229. § 16. If the heir had brought a writ of annuity, and had obtained judgment, before the wife's claim of dower, fhe could not recover; because it was then become an annuity. S 17. Where a rent de novo is granted to a man and the heirs of his body, and the grantee dies without iffue, his widow will not be endowed of it: for, the rent being determined by the death of the husband without iffue, the widow cannot be endowed of that which is not in being; though it is otherwife, where the tenant in tail of land marries and dies without 1. 5. iue, whereby the estate tail is determined: for, in Tit. 6. ch. 3. that cafe, the wife fhall be endowed notwithstanding, because the land is in being, though the estate tail is determined; and the dower is in fome respects a continuance of the estate. S 18. It is, however, faid by Lord Talbot in the fame cafe, that, if a rent in effe be granted to A. in tail, remainder to B. in fee, and A. marries and dies without iffue, his wife fhall be endowed; or, if a rent. de novo be granted to A. in tail, remainder to B. in fee, and A. marries and dies without iffue, his wife fhall be endowed: for the estate tail in the rent fhall be allowed to continue as against the remainder-man. $ 19. A woman will not, however, be entitled to dower of a rent; unless her husband had the legal eftate in such rent. § 20. Rents are expressly mentioned in the statute 27 Hen. 8. c. 10. of ufes, and may therefore be conveyed to a ufe, which will be executed by the ftatute, § 21. The statute alfo provides for the creation of rents de novo; by which it is enacted, that where any perfon or perfons ftand feifed of any lands to the use and intent that fome other perfon fhall receive a rent out of the fame lands, in every fuch case the perfon, having such use and intereft to have the fame rent, shall be adjudged and deemed to be in poffeffion and feifin of the fame rent of and in fuch like estate as he had in the use of the faid rent. Chaplin v. infra. Chaplin, Within the Statute of Cook v. Herle, 2 Mod. 138. § 22. Lord Bacon, in his reading on this ftatute, observes that in confequence of the words, "whereas "divers perfons are feifed," a doubt arofe whether the ftatute was not confined to rents in ufe at the time; but that this was explained in the following words, "were or fhould be feised." § 23. The ftatute of ufes not only transfers a rent, but also all remedies and rights given for the recovery thereof, as being incident thereto; but does not transfer collateral rights. $ 24. Thomas Cook granted a rent-charge of 2001. per annum to trustees, in truft for Mary Cook; to hold to them, their heirs, executors, administrators, and affigns, in truft for the faid Mary for life; with a claufe of diftrefs, and a covenant to pay the rentcharge to the trustees for the use of the wife. The court were of opinion, that this rent-charge was executed by the ftatute of ufes, by the express words thereof, which execute fuch rents granted for life, upon truft; and transfers all rights and remedies incident thereunto, together with the poffeffion, to the cestui que ufe: so that though the power of diftraining was limited to truftees by the deed, yet by the ftatute, which transferred that power to Mary Cook, she might distrain alfo; but the covenant, being collateral, could not be transferred. § 25. The operation of the ftatute of ufes is the fame in the case of rents, as in that of lands: for it only |