This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
A tenancy from year to year, though resembling in some degree a tenancy at will, in that the continuance of the holding beyond the end of any year is dependent on the will of the parties, nevertheless resembles a tenancy for years rather than a tenancy at will, in that it is a tenancy for one year at least. Accordingly, the interest of either the landlord 55 or of the tenant56 may be transferred without affecting the existence of the tenancy, and on the death of the tenant his interest passes to his personal representative.57 Nor does the death of the landlord termi nate the tenancy.58
Though a tenant from year to year has originally a certain term of one year only, the possibility of its indefinite extension has been held to give him a reversion view is apparently adopted, and Waters v. Williamson, 59 N. J. L. 337, 36 Atl. 665, seems not to accord with the above New Jersey decisions.
53. See 1 Tiffany, Landlord & Ten. Sec. 14c(2).
54. Ante this section, note 42.
55. Macdonough v. Starbird, 105 Cal. 15, 38 Pac. 510; Swope v. Hopkins, 119 Ind. 125, 21 N. E. 4G2. See Hemphill v. Giles, 66 N. C. 512.
56. Pleasant v. Benson, 14 East, 234; Braythwayte v. Hitchcock, 10 Mees. & W. 494; Cody v. Quar-terman, 12 Ga. 386 (semble); Jackson v. Hughes, 1 Blackf. (Ind.) 421; Austin v. Thomson, 45 N. H. 113.
57. Doe d. Shore v. Porter, 3 Term, R. 13; Doe d. Hull v. Wood, 14 Mees. & W. 682; In re Ring's Estate, 132 Iowa 216, 109 N. W. 710; Pugsley v. Aiken, 11 N. Y. (1 Kern.) 494; Witchen v. Pridgen, 48 N. C. (3 Jones Law) 49, 64 Am. Dec. 593. But in Cody v. Quarterman, 12 Ga. 386; Decker v. Hartshorne, 65 N. J. L. 87, 46 Atl. 775, it was held, without any citation of authority, that the death of a tenant from year to year terminated the tenancy at the end of the current year.
58. Cattley v. Arnold, 1 Johns. & H. 651; Maddon d. Baker v. White, 2 Term R. 159; Botheroyd v. Woolley, 5 Tyrw. 522.