TITLE 6. PART II at the will of both or either of them. But although this estate may be created by words which only express that the estate is to be at the will of the lessor or of the lessee, yet every estate at will is in law at the will of both parties (a). 583. How this estate is determined. An estate at will is determined by the death of either party (b); except that if either party dies before the rent is due, the estate at will, if it is in a house, shall continue until the next rent day; and, if it is in lands, commencing at Michaelmas, it shall continue until the summer profits are received by the representatives of the tenant. 584. It may also be determined by the dissent of either party (c). The lessor may determine it by an express declaration that the lessee shall hold no longer, which must either be made on the land, or else notice of it given to the lessee (d). But any act of ownership exercised by the landlord which is inconsistent with the nature of this estate, will also operate as a determination of it. Thus, if he enters on the land and cuts down trees demised, or makes a feoffment or a lease for years to commence immediately, the estate at will is thereby determined. On the other hand, any act of desertion, or any act inconsistent with this estate which is done by the tenant, will also operate as a determination thereof. Thus, if the tenant assigns over the land to another, or commits an act of waste, his estate is thereby determined. But a verbal declaration by the lessee that he will not hold the lands any longer, does not determine the estate, unless he also waives the possession (e). 585. (a) See 1 Cruise T. 9, c. 1, § 5; Co. Litt. 55 a; Watk. Conv. 3rd ed. by Prest. 2-4. (b) Id. § 13, and c. 2, § 1. (c) Watk. Conv. 3rd ed. by Prest. 1, 2. (d) 1 Cruise T. 9, c, 1, § 11; Co. Litt. 55 b. 15. (e) Id. § 12; Co. Litt. 55 b, and n. PART II. Rent and 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, embleif the lessee determines the tenancy before the day on tion of the 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 (f). 586. a Estate at a As the lessor may determine the tenancy at any time, tenant at will has nothing that can be granted by him to third person. And therefore, if a tenant at will assigns over his estate to another, who enters on the land, he is a disseisor (g). 587. will is not assignable. arises. It is no longer usual to create tenancies at will by ex- It seldom press 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 (h). 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 (i). 588. (f) 2 Bl. Com. 145-7; 1 Cruise T. 9, c. 1, § 8, 13; Co. Litt. 55 a, 55 b, 56 a (g) 2 Bl. Com. 145; 1'Cruise T. 9, c. 1, §6; Burton, § 19; Watk. Conv. 3rd ed. by Prest. 1. (h) 2 Bl. Com. 147; 1 Cruise T. 9, c. 1, § 1-21; Watk. Conv. 3rd ed. by Prest. 3. (i) 1 Cruise T. 9, c. 1, § 20, 21. PART II. Definition. Holding over by a comes in III. Of an Interest by Sufferance. An interest by sufferance is an interest which arises 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 (k). 589. Where a person comes to a particular estate by act person who of law, and continues to hold it beyond the proper time, as if a guardian after the full age of the heir continues in possession, he is not a tenant at sufferance, but an abator (1). 590. by act of law. Absence of privity to support a release. Interests by devise for pay ment of debts. A tenant by sufferance is in, not by the consent, but only by the laches of the owner; so that there is no privity between them; and hence, the owner cannot release to the tenant by sufferance (m). 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. Thus, where a testator devises land to his executors, "for payment of his debts and until his debts be paid," this gives them a chattel which has no relation to the life (k) 2 Bl. Com. 152; 1 Cruise T. 9, c. 2, § 12; Co. Litt. 57 b, 570 b, n. 1. (1) 1 Cruise T. 9, c. 2, § 2; Co. Litt. 271 a. (m) Co. Litt. 270 b, and n. 1. TITLE 6. of the person in whom it is vested, but is bounded by the PART II. 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 (n). 593. for raising rent. And where the owner of land grants a rent out of it to Interests another, with a clause enabling him, when the rent shall arrears of 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 (o). 594. a wife to children. Again, if a man devises lands to his wife till his son Devise to comes of age, to provide his children with necessaries, this maintain 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 (p). 595. merchant, Of a similar nature are estates by statute merchant, Statute statute staple, and elegit, the duration of which is measured statute by the satisfaction of a debt (q). These will be more particularly noticed in a subsequent part of this work. 596. (n) Co. Litt. 42 a; Burton, § 866; 1 Cruise T. 8, c. 1, § 5. (0) See Burton, § 867. (p) 6 Cruise T. 38, c. 13, § 46. staple, and elegit. PART II. TITLE VII. OF ESTATES OR INTERESTS IN SEVERALTY AND IN COMMUNITY. WITH reference to the several or joint character of the ownership, real property is held 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. |