The may the have labor advancement into hotchpot, so as to make the estate of her at Jour all the children to be equal, as nearly as can be estimated. But the heir at law, notwithstanding any land he may have by descent or otherwise, from the intes-the real puris tate, is to have an equal part in the distribution with to take the rest of the children, without any consideration of equal shand with the value of such land (a). If the intestate leave no tate. ters. children or representatives of them, his father, if living, Father of intes- (r) Stat. 22 & 23 Car. II. c. 10, s. 5. (y) Stat. 1 Jac. II. c. 17, s. 7. (2) Jessopp v. Watson, 1 My. & K. 665; Burnet v. Mann, 1 My, & K. 672, n. (a) Lloyd v. Tench, 2 Ves. sen. 215; Durant v. Prestwood, 1 Atk. 454; West, 448. (b) Duke of Rutland v. Duchess of Rutland, 2 Peere Williams, 216. Customs of Lon Wales. virtue of its prerogative, will stand in their place; but subject always to the widow's right to a moiety, in case she should survive (c). The estates of intestate freemen of the city of London and York. don (d), and of persons having their fixed or general residence within the archiepiscopal province of York, (excepting the diocese of Chester,) are distributed according to peculiar customs, apparently derived from the ancient mode of distribution (e). Some parts of Wales also appear to be still subject to peculiar customs of distribution: for these several customs, though postponed to the right of testamentary disposition, by the statutes to which we have already referred (ƒ), were nevertheless not abolished by those statutes, in the event of no will being made. (c) Cave v. Roberts, 8 Sim. 214. 18. (d) Onslow v. Onslow, 1 Sim. (e) 2 Williams on Executors, part 3, book 4, ch. 2. (ƒ) Ante, p. 304. CHAPTER II. OF A TERM OF YEARS. Ar the present day, one of the most important kinds of chattel or personal interests in landed property, is a term of years. Terms of years may practically be considered as of two kinds; first, those which are created by ordinary leases, which are subject to a yearly rent, which seldom exceed ninety-nine years, and in respect of which so large a number of the occupiers of lands and houses are entitled to their occupation; and, secondly, those which are created by settlements or mortgage deeds, in respect of which no rent is usually reserved, which are frequently for one thousand years or more, which are often vested in trustees, and the object of which is usually to secure the payment of money by the owner of the land. Two kinds of terms of years. The consideration of terms of the former kind, or A lease at will. those created by ordinary leases, may conveniently be preceded by a short notice of a lease at will, which conveys the smallest interest in freehold lands. A lease at will may be made by parol (a), or by deed: it arises when a person lets lands to another, to hold at the will of the lessor or person letting (b). The lessee, or person taking the lands, is called a tenant at will; and, as he may leave when he likes, so may he be turned out when his landlord pleases. He is allowed, if turned out by his landlord, to reap what he has sown, or, as it is legally expressed, to take the emblements (c). But, as Emblements. Lease from year to year. this kind of letting is very inconvenient to both parties, it is scarcely ever adopted; and, in construction of law, a lease at an annual rent, made generally, without limiting any certain period, is not a lease at will, but a lease from year to year (d), of which we shall next speak. A lease from year to year is a method of letting very commonly adopted: in most cases it is much more advantageous to both landlord and tenant than a lease at will. The advantage consists in this, that both landlord and tenant are entitled to notice before the tenancy can be determined by the other of them. This notice must be given at least half a year before the expiration of the current year of the tenancy (e); for the tenancy cannot be determined by one only of the parties, except at the end of any number of whole years from the time it began. So that, if the tenant enter on any quarter day, he can quit only on the same quarter day: when once in possession, he has a right to remain for a year; and no notice to quit be given for half a year after he has had possession, he will have a right to remain two whole years from the time he came in; and so on from year to year. A lease from year to year can be made by parol or word of mouth (ƒ), if the rent reserved amount to two-thirds at least of the full improved value of the lands; for if the rent reserved do not amount to so much, the Statute of Frauds declares that the lease shall have the force and effect of a lease at will only (g). year to year can also be made by deed. to create this kind of tenancy, is to let the lands to hold "from year to year" simply, for much litigation has if (d) Right d. Flower v. Darby, 1 T. Rep. 159, 163. (e) Right d. Flower v. Darby, d. Lord Bradford v. Watkins, 7 A lease from The best way (f) Legg v. Hackett, Bac. Abr. tit. Leases (L. 3); S. C. nom. Legg v. Strudwick, 2 Salk. 414. (g) 29 Car. II. c. 3, ss. 1, 2. arisen from the use of more circuitous methods of saying the same thing (h). Lease for a number of years. A lease for a fixed number of years may, by the Statute of Frauds, be made by parol, if the term do not exceed three years from the making thereof, and if the rent reserved amount to two-thirds, at least, of the full improved value of the land (i). Leases for a longer term of years, or at a lower rent, were required, by the Statute of Frauds (k), to be put into writing and signed by the parties making the same, or their agents thereunto lawfully authorized by writing. But a lease of a separate incorporeal hereditament was always required to be made by deed (1). And the recent act to simplify the transfer of property (m), now provides, that, no lease in writing of any freehold, copyhold, or leasehold land, shall be valid as a lease, unless the same shall be made Leases in writing now reby deed; but any agreement in writing, to let any such quired to be by land, shall be valid and take effect as an agreement to execute a lease; and the person who shall be in the possession of the land in pursuance of any agreement to let, may, from payment of rent or other circumstances, be construed to be a tenant from year to year. It does not require any formal words to make a lease for years. The words commonly employed are " demise, lease, and to farm let;" but any words indicating an intention to give possession of the lands for a determinate time, will be sufficient (n). Accordingly, it sometimes happened, previously to the recent act, that what was meant by the parties merely as an agreement to execute a lease, (h) See Bac. Abr. tit. Leases and Terms for Years, (L. 3). (i) 29 Car. II. c. 3, s. 2 ; Lord Bolton v. Tomlin, 5 A. & E. 856. (k) 29 Car. II. c. 3, s. 1. (1) Bird v. Higginson, 2 Adol. & Ell. 696; 6 Adol. & Ell. 824; S. C. 4 Nev. & Man. 505. See (m) Stat. 7 & 8 Vict. c. 76, s. 4. (n) Bac. Abr. tit. Leases and Terms for Years (K.) deed. No formal to make a lease. words required |