Watson v. Penn

• Decision Date: 14 October 1886
• Docket Number: 12,762
• Parties: Watson v. Penn
• Court: Indiana Supreme Court

8 N.E. 636

108 Ind. 21

Watson v. Penn

No. 12,762

Supreme Court of Indiana

October 14, 1886

From the Montgomery Circuit Court.

The judgment is affirmed, with costs.

T. H Ristine and H. H. Ristine, for appellant.

A. D Thomas, for appellee.

OPINION

Mitchell, J.

John F. Penn, as guardian of Margaret Penn, brought this suit to recover from William W. Watson certain rent money collected by the latter as executor of the last will of James G. Watson, deceased, which the guardian claimed on behalf of his ward.

The questions involved arise on the pleadings, which present the following facts: James G. Watson died on the 17th day of September, 1882, testate. Prior to his death the testator leased 160 acres of land, owned by him, to one Hunt for the term of one year, to commence March 1st, 1883, the rental agreed upon being $ 275. It does not appear that the time for the payment of rent was agreed upon, or that there was such a usage in that respect as would make it fall due otherwise than as the law would imply.

By his will the testator devised the land leased to his widow, Ann E. Watson, for her life, with remainder over to his granddaughter, Margaret Penn, the appellee's ward.

Another clause of the will gave the widow, Ann E. Watson, all the personal property, including all notes and accounts owned by and owing to the testator at the time of his death.

Ann E. Watson, the testator's widow, died intestate, June 19th, 1883, without having received any part of the rent in question. The appellant, as executor of the last will of James G. Watson, received the rent, and refused to pay it over to the guardian of Margaret Penn, claiming that under the will it properly belonged to the estate of Ann E. Watson, deceased.

Upon the facts stated, the court below was of the opinion that the appellee was entitled to recover the whole amount received by the appellant for rent. Judgment was given accordingly. The only inquiry here is as to the propriety of this holding.

Mrs. Watson having taken her life-estate subject to an existing lease, which was made in the lifetime of the testator, and having died during the term of the lessee, before any rent became due, the first question is, was any or all of the rent for the term payable to her personal representative?

It is a settled rule of law, which the appellant does not question, that rents of real estate which have accrued and become payable before the death of an intestate, go to the personal representative, while those which mature and fall due afterwards go to the heir. King v. Anderson, 20 Ind. 385; Evans v. Hardy, 76 Ind. 527; McDowell v. Hendrix, 67 Ind. 513; Dorsett v. Gray, 98 Ind. 273. Rents that have accrued are rents which are due.

By the common law, the right to receive accruing rent, which would have been payable to a life tenant, who took his estate subject to a prior lease for a term, passes to the reversioner in case of the death of such tenant before rent day. In such a case, wherever the reversion goes, whether to the original lessor, or his grantees or descendants, the accruing rent, from the rent day next antecedent to the death of the life tenant, follows without apportionment. If the estate of the life tenant terminates intermediate rent days, or before any rent has become due, the accruing rent becomes an incident of, and is annexed to, the estate of the reversioner. Whoever owns the reversion when the rent falls due is entitled to receive the whole sum, unless it is otherwise provided by contract. Taylor Landlord & Tenant, sections 154-156; Marshall v. Moseley, 21 N.Y. 280; Perry v. Aldrich, 13 N.H. 343 (38 Am. Dec. 493); Wilcoxon v. Donelly, 90 N.C. 245; Porter v. Sweeney, 61 Tex. 213; Stevenson v. Hancock, 72 Mo. 612; Westmoreland v. Foster, 60 Ala. 448.

An exception to this rule occurs when the lessor receives a note, or other obligation, independent of the lease, to secure the payment of rent. Some of the authorities hold that by this means the obligation to pay rent is separated from the estate, and does not follow the reversion.

Rent in arrears is no part of the reversion. In any case such rents are recoverable by the personal representative of the life tenant. But rent is not in arrears and does not become a debt until the day when by the terms of the lease it becomes payable. Wood v. Partridge, 11 Mass. 488; Randall v. Rich, 11 Mass. 494; Wood Landlord and Tenant, section 452.

If there be no time stipulated for the payment of rent, or no such usage as that an agreement to the contrary may be implied, payment is to be made at the end of the year, rent being in its nature a return for the enjoyment of the annual profits of the land. Elmer v. Sand Creek Tp., 38 Ind. 56; Wood v. Partridge, supra; Taylor Landlord and Tenant, section 391.

It may be remarked, that at the common law, in case a life tenant who had no power to make a...