case earl of strafford versus lady Wentworth February in court Lord  Macclesfield wms S c n Bacon Abr title rend vide stat g cap sect tenant for  life make a lease for year reserve rend at ladyday and Michaelmas and die on  michaelmasday about oclock at noon the rend shall go to big executor and not  to the remainderman but if such tenant have a power of lease and have die in  manner aforesaid the rend in respect to the continuance of the lease must have  go to the remainderman as incident to the reversion sir Henry Johnson be  tenant for life with remainder to the lady Wentworth sir Henry make lease for  year reserve the rend at ladyday and Michaelmas by half yearly payment and die  on michaelmasday about oh clock at noon and the question be whether these rend  belong to the plaintiff his representative who have take out administration to  he or whether they shall go along with the land to lady Wentworth in remainder  or whether the tenant shall have the benefit of retain they in their own hand  as belong neither to the plaintiff or defendant the case be open and debate by  the attorney and solicitorgeneral for the plaintiff but before any other have  speak to it it be send to a master to state the several fact as to the lease  that be to say what lease have be make by sir Henry as to the part of the  estate whereof lie be seize in right of his lady what lease as to that part  whereof he be tenant for life and precedent in chancery what power be reserve  by his marriagesettlement to make lease and what lease be make by parole and  what in write and whether in pursuance of his power or whether by virtue of  his interest but my Lord chancellor declare that if tenant for life make a  lease for year precedent in chancery er p reserve rend at ladyday and  Michaelmas during the term and die on Michaelmas or ladyday at oh clock or any  other time before the last instant that the rend in such case be never the  less due to his representative for though the lessee have election to pay it  any time before the last instant of those day if this lease have so long  continue yet it be Payable on those day during the term and the lessor be live  some part of those day his election to defer it to the last instant be take  away by such die before the rend become complete due and consequent it will  belong to the representative of the lessor and this he say be so clear that he  will no more send it to be determine by law than he will whether the father  estate shall descend to the old son for the term have a continuance some part  of those day the lessee at his peril ought to pay his rend before the  expiration of the term it be Payable on those day during the term and the term  do subsist on those day though not to the last instant and this be the case of  the lady coal in the Northern circuit in the late king William reign wherein  Mr justice Tracy take the advice of the judge and give his opinion accord that  where the lessor tenant for life in such a reservation die about six oh clock  in the evening that the rend be come complete due and belong to his executor  else he himself can not give a proper discharge for it till the last instant  which most certain he may at any time of the day whereon it be Payable and  this do not at all contradict baskervile content Mayo in sand precedent in  chancery but if such lease be make by virtue of a power to make lease in a  settlement as the term subsist and bad continuance there by the death of the  lessor before the last instant the rend will go along with the land to he in  remainder or reversion because be Payable on those day during the term the  lessee have till the last instant of those day to pay his rend the term endure  till the last instant of those day and consequent the lessor die before it be  complete due his representative can make no title to it and so he say if such  lease be only a equitable lease that be such a lease as ought to be make good  in a court of equity though it be in some circumstance defective in the  execution of it and not strict pursuant to the power and in those particular  my Lord chancellor be clear and say there can be no manner of doubt of they  afterward this cause come back upon the master report to who it be refer to  settle the nature of the several lease make by sir Henry Johnson and upon his  report it appear that some of they be make by he general and those determine  on his death other be make by virtue of a power for make lease and those still  continue and my Lord be clear of opinion that as to lease of the first sort  the rend belong to his executor because though for the benefit of the tenant  they have till the last instant of michaelmasday to pay the rend yet the  reservation be at michaelmasday and ladyday consequent so soon as either of  those day begin they be at their peril to take care that the be pay accord  because they be then actual become due to sir Henry Johnson who make the lease  and his right to the rend become actual vest in he but as to the lease make by  virtue of the power they still have existence and continuance after the death  of the lessor in the same manner as they have during his life and therefore  the tenant have till the last instant precedent in chancery of those day to  pay the rend and then when the lessor die before the rend go along with the  reversion to those who be entitle to it