Ware v. Hall

J. F. Leased to W. H. a farm for three years, and afterwards devised the same to his son J. F. for and during his natural life, from and after the expiration of the present lease thereon. Held, that the rents accruing between the testator’s death and the expiration of the lease, belong to the heirs of the testator.

In error to Salem Common Pleas. This case was submitted at November term, upon the following statement. Samuel Ware and Ann his wife which said Ann is one of the heirs at law of Jacob Fox deceased. vs. William Hall Jr. In Case &c. This suit was commenced in the Salem Common Pleas, by the plaintiffs, to recover of the defendant, the proportionate part of certain rent claimed to be due to Ann Ware, as one of the heirs at law of Jacob Fox deceased, late of the county of Salem, The defendant, in the Salem Pleas, demurred to the plaintiffs’ declaration, and after argument, the Court sustained the demurrer, and gave judgment for the defendant. The plaintiffs brought a writ of error, and the case is now before the Supreme Court. In order that the several questions of law involved, may be speedily and properly settled, the following, state of the case is agreed upon by the parties and submitted for decision, to the Supreme Court, at November term 1837, upon writ of error. STATE OF THE CASE. Jacob Fox late of the county of Salem, during his life time, leased to William Hall jr. the defendant, above named, a certain farm in the township of Lower Penns Neck, for three years, at an annual rent of ‘three hundred and fifty dollars. This lease or contract, was parol; and under it, William Hall entered into possession, and it was mutually agreed that the terms of the contract should be reduced to writing in the form of a lease, and signed by the respective parties. It was accordingly reduced to writing in the form of a lease, and approved by the respective parties, and signed by Jacob Fox as lessor, but never was signed by William Hall jr. to whom, one part so signed, was delivered. William Hall jr. entered into possession on the 25th day of March A. D. 1831, and continued thereon, for three years. On the 21st. day of September 1831, Jacob Fox the lessor died. He left a will bearing date September 13th 1831, in which among other things, is the following devise: Secondly “ It is my will, that rny son Jacob Fox shall have and enjoy the plantation in Lower Penns Neck, adjoining lands of the heirs of Thomas Sinnickson deceased, Samuel Dunn and others, and whereon William Hall jr. now lives, for and during his natural life, (from and after the expiration of the present lease on said plantation) he paying to my executors, one hundred and fifty dollars at the end of each year, for five successive years from the time he shall come into possession of said plantation.” Jacob Fox left four children, Ann Fox wife of Samuel Ware, Jeremiah Fox, Jacob Fox, Frederick Fox; and several grand children, viz: the children of Isaac Fox a son deceased, and the children of Margaret Mulford deceased, a daughter : The amount claimed in this suit, is the one sixth part of the rent, which accrued from the death of Jacob Fox the testator, until the expiration of the lease, to wit; from the 21st. day of September 1831; to the 25th of March, 1834, with interest: If the Court, should be of opinion from the foregoing facts, that the heirs at law of Jacob Fox deceased are entitled Jo the rent which accrued from his death, until the expiration of the lease, then judgment is to be entered in favor of the plaintiffs for the sum of one hundred and eighty dollars, and ninety-six cents, with Common Pleas costs. But if the Court should be of opinion that either the executors of Jacob Fox deceased, or Jacob Fox the devisee, or any other person is entitled to the rent, then judgment is to be entered for defendant with like costs.