Lettings of Property
Rents are most usually reserved on leases of property but a rent may also be reserved on a release, a bargain and sale. Where the words are general, they will be decision based on law of the land. That the rent should go to the heir in the event of the landlords death, 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 the estate, should enjoy the rent.
If a rent be reserved to the tenant and be assigned, it will change at death for the reservation is good only during the landlord’s life. So if a 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. But if a lease be made of a term of years, reserving rent to the his heirs, it will determine by the death of the tenant; for the heir cannot have it, as he cannot succeed to the estate and the executor cannot have it, there being no words to carry it to him.
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