A rent charge granted by the owner of land is real or personal property, according as the grantee is given a freehold estate therein, or an estate less than freehold.70 A rent

3 Denia (N. Y.) 135, 45 Am. Dec. 451; Van Rensselaer v. Gifford, 24 Barb. N. Ry. 349.

64. Milnes v. Branch, 5 Maule & S. 411; Randall v. Rigby, 4 Mees. & W. 130, 135.

65. Scott v. Lunt's Adm'r, 7 Pet. (U. S.) 596, 8 L. Ed. 584: Streaper v. Fisher, 1 Rawle (Pa.) 155, 18 Am. Dec. 604; Trustees of St. Mary's Church v. Miles, 1 Whart. (Pa.) 229; Cook v. Brightly, 46 Pa. St. 439; Van Rensselaer v. Read, 26 N. Y. 558, distinguishing Devisees of Van Rensselaer v. Executors of Platner, 2 Johns. Cas. (N. Y.) 24. But see Irish v. Johnston, 11 Pa. St. 488, and the discussion of the question in American notes to Spencer's Case, 1 Smith, Lead. Cas. 193.

66. See ante, Sec. 391, notes 30-34.

67. Streaper v. Fisher, 1 Rawle (Pa.) 155; Herbaugh v. Zentmyer, 2 Rawle (Pa.) 159; Kannen v. Ewalt, 18 Pa. St. 9; Van Rensselaer v. Read, 26 N. Y. 558; Van Rensselaer v. Dennison, 35 N. Y. 393; Carley v. Lewis. 24 Ind. 123. On the same principle, the burden of a covenant to pay rent reserved upon the transfer of a life interest in land will bind a subsequent transferee of such interest. Mcmurphy v. Minot, 4 N. H. 251.

68. See ante, Sec. 390.

69. Holt, C. J., in Brewster v Kidgill, 12 Mod. 166; Copinger & Munro's Law of Rents, 473-476. But that the burden does run, see Sugden, Vendor & Purchaser (13th Ed.) 483; Harrison, Chief Rents, 102.

70. Knolle's Case, 1 Dyer, 5b; reserved upon the grant of a fee-simple estate in land is real property passing to the heir or devisee.71

A rent incident to a reversion partakes of the nature of the reversion, and passes therewith on the death of the reversioner. Accordingly, it more usually passes to the heir, as being reserved by a tenant in fee simple making a lease for years, though it is personalty belonging to the executor or administrator, if reserved on a sublease by a tenant for years.72 If, however, a rent reserved on a lease for years by a tenant in fee simple becomes separated from the reversion,73 it is equivalent to an estate for years merely in a rent charge, and passes to the personal representative of the owner, and not to the heir or devisee.74

Rent which has become due is personal property, and consequently, upon the death of the person entitled thereto, though still unpaid, it goes to his personal representative, and not to his heir or devisee.75