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In a grass room, whereto the tenant's entry was at Whitsunday, the half year's rent payable at Martinmas, and the remainder at the Whitsunday thereafter, the proprietor dying in January, 1721, the question was, Whether the half year's rent payable the next Whitsunday fell under his executry? It was argued, That the term of entry or term of payment signifies nothing in this dispute; that it is the crop, year, and possession, which regulates all. But it was contended, Though in corn rooms, where the rent payable at Whitsunday 1721 is payable for crop 1720, the proprietor surviving Martinmas 1720, that rent falls under his executry, yet, in grass rooms, where the half year's rent payable at Whitsunday 1721 is actually payable for the possession betwixt Martinmas and Whitsunday, unless the proprietor survive Whitsunday, such rent cannot fall under his executry. It was contended, on the other hand, That in this case the rent payable at Whitsunday 1721 is payable for the possession and grass 1720; for there being no corn, it is the grass that makes the crop. The inhabitants of that country make their advantage by the lambs, wool, cheeses, &c. which arise and are produced in the summer time; and generally thereabouts the full rent is payable at Martinmas; only it happens, by particular paction, that the rents in question were not payable till the Whitsunday; the proprietor, therefore, having survived the time for the crop and possession of which the rents in dispute were payable, they in consequence fall under his executry. The Lords found the rents in dispute fell under the defunct's executry.—See Appendix.
