Rule for determining the several interests of heir and executor.
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The rule for determining the several interests of heir and executor is very different in lands possessed by tenants, and in such as were in the natural possession of the heritor at his death. In those the executor has the one half of the year's rent, where the heritor survives Whitsunday. But in these, whether the heritor survive Whitsunday or not, the executor has right to nothing but to the crop, so far as the same was sown before the heritor's death, and the heir has right to whatever may be sown afterwards by the executor, upon re-paying the expense of seed and labour; and as for the grass and growing hay, the right of the heir commences from the moment of his predecessor's death.
And in these terms judgment was in this case given. Vide Craig, Lib. 2. Dieg. 9. § 13.
