What happens?
Where a rent was reserved to the landlord, his executors, administrators, and assigns, yearly, during the term, it was resolved, that it should go to the heir of the landlord; for although there was no mention of the heirs in the reservation, yet there were words which evidently declared the intention of the tenant to pay the for the equal duration of the lease and letting of the property. The tenant has expressly provided that it should be paid during the term consequently, the rent must be carried over to the heir of the tenant, who came into the inheritance after the death of the tenant, and would have succeeded in the possession of the estate, if no lease had been made. And if the landlord 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 landlord made no particular disposition of it, separate from the reversion.
Where rent is reserved generally, it is payable at the end of the year: but if it be reserved the first payment to begin two years after, this will control the words of reservation. And 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. If a lease be made for years, provided the tenant pay at places by even portions twice a year, 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.
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