case PAGGET against gee LincolnsInnHall December if tenant in tail make a  lease and die without issue before the rend become due the rend in arrear at  the time of his death shall by virtue of the Geo c be apportion between the  personal representative of the tenant in tail and the remainderman in fee S c  Amb a tenant in tail with remainder to defendant in fee lease for year and die  without issue a week before the payment of the halfyear rend the lessee at the  day pay all the halfyear rend to the defendant the executor of the tenant in  tail bring his bill for apportionment of the rend Hardwicke Lord chancellor  this point have never be determine but this be so strong a case that I shall  make it a precedent there be in it two ground for relief in equity the first  arise on the statute Geo c S the second on the tenant have submit to pay the  rend to the defendant first the relief arise upon the statute be either from  the strict legal construction or in equity find upon the reason of it to  consider what the mischief be before the Act and what remedy be provide at  commonlaw if tenant for life or any who have a determinable estate die but a  day before the rend reserve on a lease of his become due the rend be lose for  no one be entitle to recover it his representative can not because he can only  bring a action for the use and occupation and that will not lie where there be  a lease but debt or covenant nor can the remainderman because it do not accrue  in his time now this Act appoint the apportion the rend and give the remedy  but there be two description of person to who executor the remedy be give in  the preamble it be one have only a estate for life in the enact part it be  tenant for life now tenant in tail come express within the mischief and I do  not know how judge at commonlaw will construe this Act but I shall be incline  in this court to extend it to they I shall modern report make no doubt be this  the case of a tenant in tail after possibility of issue extinct for he be  consider in many respect as tenant for life only he can suffer a recovery be  may be enjoin from commit waste such as hurt the inheritance as sell timber  though not from commit common waste be consider as to that as tenant in tail  be it the case of tenant for year determinable upon life he must certain be  exclude within the Act though it say only tenant for life it will be play with  the word to say otherwise these case show the necessity of construe this Act  beyond the word of it tenant in tail have certain a large estate than a mere  tenant for life for he have the inheritance in he and may when he please turn  it into a fee but if be do not at the instant of his death he have but a  interest for his life such too be the case of a wife tenant in tail ex  provision husband I give no absolute opinion upon the point as to the equity  arise from this statute I know no better rule than this knight sequitur law  where equity find a rule of law agreeable to conscience it pursue the sense of  it to analogous case if it do so as to maxim of the commonlaw why not as to  the reason of act of parliament nay it have actual do so on the statute of  forcible entry upon which this court ground bill S not only to remove the  force but to quiet the possession that Act require a legal estate in the  possessor this court extend the reason to equitable interest but I ground my  opinion in this case on the tenant have submit to pay the rend he have hold  himself bind in conscience to pay it for the use and occupation of the land  the last halfyear he pay it to the defendant which he be not bind to do in law  and in such a case the person he pay it to shall be Accountable and consider  as receive it for those who be in equity entitle to it the division modern  report er p must be that prescribe by the statute and then the plaintiff be  entitle to such a proportion of the rend as accrue during the testator life  and therefore I decree the defendant to pay he such share and if they disagree  let it be refer to the master to settle it and each party to pay his own cost  till this time reserve the consideration of what may be afterward incur