Estates, hereditaments, and premises were devised to R. for life, with power to the tenant for life to make any lease of the said several estates, hereditaments, and premises, or any part or parts thereof, for twenty one years, reserving the most improved yearly rent with a condition for re-entry on non-payment so, that there should be no clause giving the lessee power to commit waste, and so as the rent should be incident to, and go along with, the reversion. Held, that this power did not authorise a lease of part of the land, with liberty to sport over the rest. Where defendant in trespass justifies in a right which he claims under the estate of tenant for life, simply as such, he must aver the continuance of the life.
Citations:
[1840] EngR 685, (1840) 12 Ad and E 356, (1840) 113 ER 847
Links:
Jurisdiction:
England and Wales
Land
Updated: 07 August 2022; Ref: scu.310111