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18 INVENTORY.
executors or administrators shall have the crop,
to compensate for the labour of tilling the land,
and for the encouragement of industry--So,
if tenant for the life of another, sows the land,
and he, on whose life he holds, dies before the
crop is got in, the tenant shall have the crop.
The same rule, if the life estate be determined
by the act of law, but not, if by the tenants own
act; and if there be a lease for years, having a
certain determination, and it determines before
the crop is got in, the landlord becomes entitled
to it. The rule applies only to estates of
a contingent, and uncertain determination, as
in the case aforementioned of tenant in tail or
for life, whether he be seised in his own right,
or in right of his wife, or as tenant by the
courtesy, or tenant in dower, or as a parson in
right of his church, and the like.
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Crop on
hand, where
husband and
wife are joint
tenants. |
If husband and wife were joint tenants, it
was formerly held that the crop went to the
wife surviving, but the law is now settled otherwise;
for there is no reason, since the crop of
the wife's land belongs to the husband's executors
or administrators, the crop, where the
estate was joint, should go otherwise; for the
wife's title to the land is above the husband's,
in the one case, as well as in the other, and
equally the fruit of his industry. |
