PART II.

TITLE 6.

Rent and emble.

ments, on determina

tenancy.

Although either party may determine the tenancy at

any time, yet neither party can thereby unfairly prejudice the other in regard to the rent or emblements.

So that, tion of the if the lessee determines the tenancy before the day on which the rent is due, he must still pay the rent up to that day; but where the lessor determines the tenancy at such a time, he loses the rent. On the other hand, if the lessor determines the tenancy before the corn or other produce is reaped or gathered in, the lessee shall still have the emblements, and free ingress, egress, and regress, to take them away; but where the lessee determines the tenancy at such a time, he loses the emblements (a). 586.

Estate at will is not

As the lessor may determine the tenancy at any time, a assignable. tenant at will has nothing that can be granted by him to a third person. And therefore, if a tenant at will assigns over his estate to another, who enters on the land, he is a disseisor (b). 587.

It seldom arises.

It is no longer usual to create tenancies at will by express words; and the Courts lean strongly against implying them, and incline rather to construe demises for uncertain terms or void leases, especially where an annual rent is reserved, as creating tenancies from year to year (c). And even where a parol agreement is void under the Statute of Frauds, it is a tenancy from year to year; because, though the statute says it shall be only an estate at will, the meaning of the statute is, that such an agreement shall not operate as a term (d). 588.

(a) 2 Bl. Com. 145-7; 1 Cruise T. 9, c. 1. § 8, 13; Co. Litt. 55 a, 55 b, 56 a.

(b) 2 Bl. Com. 145; 1 Cruise T. 9, c. 1; § 6, Burton, § 19; Watk. Conv.

3rd ed. by Prest. 1.

(c) 2 Bl. Com. 147; 1 Cruise T. 9. c. 1. § 1-21; Watk. Conv. 3rd ed. by Prest. 3.

(d) 1 Cruise T. 9, c. 1. § 20, 21.

III. Of an Interest by Sufferance.

TITLE 6.

Definition.

An interest by sufferance is an interest which arises PART II. where a person comes into possession of land by lawful title otherwise than by act of law, but keeps it longer than he has any title to retain it. Thus, if a tenant pour autre vie continues in possession after the death of cestui que vie, or a tenant for years after his term is expired, or a lessee at will after the death of the lessor, without any fresh leave from the owner of the estate, the person so holding over is a tenant at sufferance. But no man can be tenant at sufferance of the Sovereign: such a tenant holding over is considered an absolute intruder (a). 589.

over by a

comes in

Where a person comes to a particular estate by act Holding of law, and continues to hold it beyond the proper time, person who as if a guardian after the full age of the heir continues by act of in possession, he is not a tenant at sufferance, but an abator (b). 590.

law.

privity to

release.

A tenant by sufferance is in, not by the consent, but Absence of only by the laches of the owner; so that there is no privity support a between them; and hence, the owner cannot release to the tenant by sufferance (c). 591.

IV. Of Chattel Interests created for special Purposes. There are some interests created for the purpose of raising money out of lands or tenements, which are considered as chattel interests. 592.

by devise

Thus, where a testator devises land to his executors, Interests "for payment of his debts and until his debts be paid," for pay this gives them a chattel which has no relation to the life debts.

(a) 2 Bl. Com. 152; 1 Cruise T. 9, c. 2, § 12; Co. Litt. 57 b, 270 b, n. 1.

(b) 1 Cruise T. 9, c. 2, § 2; Co. Litt. 271 a.

(e) Co. Litt. 270 b, and n. 1.

ment of

PART II.
TITLE 6.

Interests for raising arrears of

rent.

Devise to a wife to maintain children.

Statute merchant, statute staple, and elegit.

of the person in whom it is vested, but is bounded by the period when the purpose for which it was created may happen to be accomplished; so that, if the debts be paid in the surviving executor's lifetime, it will cease; and on the other hand, if they be not paid in his lifetime, it will go to his executors, instead of ceasing upon his death (a). 593.

And where the owner of land grants a rent out of it to another, with a clause enabling him, when the rent shall be in arrear, to enter upon the land, and take the profits until the arrears be satisfied, if the grantee of the rent enters pursuant to that clause, he has a chattel interest, the duration of which is bounded by the accomplishment of the required purpose, namely, the raising the amount of such arrears (b). 594.

Again, if a man devises lands to his wife till his son comes of age, to provide his children with necessaries, this is a chattel interest which does not determine in case of the death of the wife before the son comes of age, but goes to her executors (c). 595.

Of a similar nature are estates by statute merchant, statute staple, and elegit, the duration of which is measured by the satisfaction of a debt (d). These will be more parpart of this work. 596.

ticularly noticed in a subsequent

(a) Co. Litt. 42 a; Burton, § 866; 1 Cruise T. 8, c. 1, § 5.

(b) See Burton, § 867.

(c) 6 Cruise T. 38, c. 13, § 46. (d) Burton, $ 868; Co. Litt. 42 a.

Things personal may belong to their owners not only in severalty, but also in joint tenancy, or in common, or by entireties. But chattels cannot be vested in coparcenary, because they do not descend from the ancestor to the heir (a). 598.

(a) 2 Bl. Com. 399; Co. Litt. 182 a; Litt. s. 319, 321.

CHAPTER I.

OF AN ESTATE IN JOINT TENANCY, AND OF A TENANCY

BY ENTIRETIES.

Definition.

SECTION I.

Of the General Law as to Joint Tenancy.

PT. II. T. 7, AN estate or interest in joint tenancy is a joint interest of CH. 1, s. 1. two or more persons during their joint lives, with benefit of survivorship between or among them, created by a limitation of real or personal property for any estate, to two or more persons as joint tenants or in joint tenancy, or to them indefinitely, without any words importing a distinctness of interest in each. Thus, if a life estate is given to A., B., and C., indefinitely, and one dies, the whole belongs to the other two, for their lives, by survivorship; and if a second dies, the whole belongs to the sole survivor for his life. So, if an estate in fee is given to A. and B., each during their joint lives has a fee, but on the death of one of them the whole estate belongs to the survivor in fee (a). So when legacies are given "to a person and her children," without any words of severance, she having children at the date of the will, or "to my relatives in America," the legatees will take as joint tenants (b). And under å limitation to the next of kin simpliciter, the father, mother, and children, if living, will all take as joint tenants (c). The grant of an estate to two, and the sur

(a) See 2 Bl. Com. 180; 2 Cruise T. 18, c. 1, § 2, and T. 38, c. 14, § 3; Litt. s. 277, 280, 283; 2 Jarm. Wills, 2nd ed. 207; Morgan v. Britten, L. R. 13 Eq. 28.

(b) 2 Rop. Leg. by White, 1360; Eagles v. Le Breton, L. R. 15 Eq. 148.

(c) Withy v. Mangles, 4 Bear. 358; 10 Cl. & Fin. 215.