Incidents of Nature and person who grants it, though with a clause of disAnnuities in tress, not being granted for himself and his heirs, general. until election made and a distress taken, is merely personal; and therefore that a release of actions personal is clearly a bar. Successors of bodies politic out being named. But this reasoning fails in application if the bound with grantor of the annuity be a body politic, and as such has perpetual continuance: Harg. n. Co. Litt. 144 b (2). So it was adjudged in Sir Thomas Wroth's case, Plowd. 457, that, although the king had granted to him an annuity without saying in the patent for his heirs and successors, yet that it would bind his successors; for he granted it as king in his political capacity, which is perpetual, and never dies, but has continuance in his successor. A void rent charge may be a good annuity. Annuities ap portionable Where a person intending to grant a rent does it in such a manner as to be void as a rent, yet it shall be generally good as an annuity; as, if the land out of which it is to be issuing do not belong to the grantor; the fund with which it is charged be insufficient; the person directed to pay it be misnamed; or the sources out of which it is to arise be uncertain, precarious, or imaginary. See Br. Ab. Grauntes, pl. 4; 2 Vin. Abr. 507 (E). Where an annuity is payable out of two separate according to properties, such properties must contribute in proportion to their annual income de anno in annum, and not in proportion to their capitalised value: Ley v. Ley, L. R., 6 Eq. 174. income. Creation of of use. Creation of Rents by way of Use.]-Before the rents by way Statute of Uses, a rent might be newly created by bargain and sale; because, when the money, as an equivalent, was given, and ceremonies or words of law were wanting, the Chancery supplied them; therefore this was good to pass the estate, without any words of granting. But, since the statute, a rent cannot be newly created by bargain and sale, because there ought to be a freehold in some other person to be executed in cestui que use; but there can be no seisin of this rent in the bargainor, because no man can be seised of a rent in his own land; and, consequently, there can be no estate to be executed in the bargainee: Chudleigh's case, 1 Rep. 127 a; Gilb. Uses, 86, 281, 287. The statute has two provisions for the execution of rents the first for rents in esse limited to uses, or created de novo to uses, which are executed in the same manner as uses of corporeal hereditaments; 27 Hen. 8, c. 10, s. 1; the other, for rents limited in use out of the seisin in the land of some other person ex gratia, where any person stands seized of lands to the use that some other person may any receive a rent thereout, which the statute executes in the same manner as if a sufficient grant had been made to him by the person seised to the use, and gives the cestui que use a power of distress: 27 Hen. 8, c. 10, ss. 4, 5. This clause, it has been held, relates as well to rents limited since the statute, as to rents then in esse; Dyer, 362 b, pl. 21; Danby v. Conyers, 1 And. 51; Bendl. 315, pl. 299 Rivett v. Godson, Sir W. Jones, 179; therefore, if lands be conveyed to A. and his heirs, to the use that B. and his heirs may receive a given rent, the use will be executed by the statute: Sug. Gilb. Uses, 193. But, if lands are conveyed to A. and his heirs, to the use, intent, and purpose that B. and his heirs. may receive a rent, with a declaration that B. and his heirs shall stand seised of the rent to the use of C. for life, with remainder over, the rent is executed in B., and then C. and the remaindermen take only the trust of the rent: Chaplin v. Chaplin, 3 P. Wms. 229, 231; Butl. n. Co. Litt. 271 b, VII. 3. Nature and Annuities in Incidents of general. Rents pur autre vie.]-By the stat. 7 Will. 4 & 1 Rents pur Vict. c. 26, s. 6, it is enacted : 66 That, if no disposition by will shall be made of any estate pur autre vie of a freehold nature, the same shall be chargeable in the hands of the heir, if it shall come to him by reason of special occupancy, as assets by descent, as in the case of freehold lands in fee-simple; and in case there shall be no special occupant of any estate pur autre vie, whether freehold or customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether a corporeal or incorporeal hereditament, it shall go to the executor or administrator of the party that had autre vie. 7 Will. 4 & 1 Vict. c. 26, 8. 6. Incidents of Annuities in general. Nature and the estate thereof by virtue of the grant; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this Act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal estate of the testator or intestate.” Rent pur autre vie, The statute renders estates pur autre vie in copyholds transmissible in default of special occupancy to personal representatives, and chargeable and distributable in all respects as personal estate. The long-debated question, whether a rent granted without words pur autre vie, without words of limitation, belonged of limitation, to the executor or administrator under the Statute to personal representa tive. Bearpark v. held to belong of Frauds (or rather now under the Wills Act), or becomes extinguished, for the benefit of the owner of the land, was decided in the case of BearHutchinson. park v. Hutchinson, 4 Moo. & P. 848; 7 Bing. 178, which was an action of replevin to a distress levied by the administrator of the owner of a yearly rentcharge of 607., which was granted to the intestate (without words of limitation), during the life of B., who was yet living. It was held, that the rent had not ceased, and therefore that the distress could be sustained. Personal annuities and annuities or on terms of years, pur autre vie. Of course it was never thought that there was any objection to the grant of a personal annuity to the rents charged grantee, his executors, administrators, and assigns, pur autre vie, because it is not a freehold, but only a chattel: Savery v. Dyer, Ambl. 139; S. C., 1 Dick. 162. However, when it is granted with words of inheritance, it is descendible to the heir, and the property itself is so far real, although it is personal only as to the security and the remedy: Turner v. Turner, 1 Bro. C. C. 376; Holdernesse v. Carmarthen, Ib. 377; Stafford v. Buckley, 2 Ves. sen. 170. As to an entail of such an annuity, see Buckeridge v. Ingram, 2 Ves. jun. 652, 663. So there was no objection to the grant of an annuity or rent-charge to the grantee, his executors, administrators, and assigns, pur autre vie, out of a term for years; for, as the grant is good for so many years as the term continues, St. Auby's case, Cro. Eliz. 183, it is in effect only a grant for years determinable on lives; Incidents of general. and it is only a chattel, because a freehold rent can- Nature and not issue out of a term for years: Butt's case, 7 Co. Rep. 25 a, infra. And it has been held, if a man possessed of a lease for years grant a rent out of it generally, without limiting any estate, this shall be during all the term, and is not determinable by the death of the grantee: 1 Roll. Abr. 831, pl. 5; 10 Vin. Ab. 219, pl. 5. So, where a man possessed of a term for years determinable on lives, devised twenty pounds per annum to J. S., to be paid halfyearly out of this estate, if the cestui que vies should so long live: J. S., dying in the lifetime of the cestui que vies, and the question being, whether this rent should determine by his death, or go to the plaintiff, who was his executor, and be paid to him during the term, the Lord Chancellor decreed it for the plaintiff Gifford v. Goldsey, 2 Vern. 35. A personal annuity of inheritance will pass under Bequest of a general bequest of personal property: Aubin v. annuity. Daly, 4 B. & Al. 59. his heirs, will them. Mr. Preston says: Annuities, by way of rent- A rent-charge charge, are frequently granted to a person and his limited to the heirs for a life or lives, instead of being granted for grantee and years, determinable with the decease of a person, or on intestacy the decease of the survivor of several persons. When belong to such annuity is derived out of, and depends on, a freehold interest, the annuity will, on intestacy, be transmissible and belong to heirs, and not to executors or administrators: at least such is the opinion entertained on mature deliberation. But every annuity An annuity granted out of a chattel interest will be a chattel out of a interest, although it be limited to the grantee and his limited to heirs for a life or lives. An interest which in its nature is a chattel real cannot be rendered trans- executors. missible to heirs:" 1 Prest. Abs. 446; Co. Litt. 388 a; 1 Com. Dig. 244, s. 35; and see Butt's case, 7 Rep. 23 a. chattel real heirs, will belong to the nuity limited But a personal annuity, that is, where it is not Personal ancharged on lands, but only secured by grant, bond, to grantee and or covenant, or bequeathed by will, may be limited his heirs, &c. to a man and his heirs in fee, Smith v. Pybus, 9 Ves. 574, or quasi in tail, as a fee simple conditional at common law, to become absolute and alienable on Incidents of Nature and having issue; an annuity, in the proper sense of the Annuities in Word, not being within the Statute De Donis, and congeneral. sequently of it, there can be no remainder limited : Turner v. Turner, 1 Br. C. C. 317, 319, 324; S. C., Ambl. 776, 782. Or such a personal annuity may be limited to a man and his heirs pur autre vie: Savery v. Dyer, Ambl. 139. And in all these cases the personal annuity may be aliened either by the ancestor or his heir; or by husband and wife, entitled to it in right of the wife; but if not aliened, it will descend to the heir. Whether estate pur autre vie passes with limitation. The words of limitation, however, are essential. Where a testator gave his real and personal estate to his wife, subject among other bequests to an annuity of 507. to A. B. for ever, it was held that on the death of A. B., intestate, the annuity passed to his personal representatives: Taylor v. Martindale, 12 Sim. 158; S. C., 1 Y. & C. Ch. C. 658. See also Parsons v. Parsons, L. R., 8 Eq. 260. Leaseholds for years were held, even before the Wills Act, to pass absolutely and entirely under a out words of simple gift of messuages, or other such descriptive appellation (d): and the same rule of construction seems to have applied to leases for lives; since the doctrine of general occupancy, which regulated the destination of such property in the absence of a special occupant, necessarily supposed that words of limitation (which, when applied to estates pur autre vie, are merely the nomination of a special occupant) are not requisite to pass the whole estate; and accordingly we find that where lands were devised. to A. for the life of B., and A. died, living B., the executor or administrator of A. was held to be enDoe v. Robin- titled: Phillips v. Phillips, 1 P. W. 34. In Doe v. Robinson, 2 Mann. & Ryl. 249; S. C., 8 Barn. & Cr. 296, however, a case before the Wills Act, a notion son. (d) But see now the 26th section of the Wills Act, 1 Vict. c. 26, and the cases decided on the section: Wilson v. Eden, 11 Bea. 237; 5 Ex. 752; 14 Bea. 317; 18 Q. B. 474; 16 Bea. 153; S. C., Prescot v. Barker, L. R., 8 Ch. 174. But leases for lives, being freehold interests, are within sect. 28 of the Wills Act, and a gift of them will not now require any words of limitation to pass the fee. See Jarman on Wills, vol. i. 671. |