
    Gwin and Wife, late Widow of Hicks, against The Executor of Hicks.
    
    Where fee of land zg in a widow and she marries again, the crop planted by the first husband, shall go over to his executor; but for the next year, they ought to pay rent for the use and occupation,
    CASE for two years rent of a plantation, 240 dollars.
    The case was this: The fee of the land was in Mrs. Hicks, at the time of her first marriage, and Mr. Hicks planted it with his negroes, and died in the latter end of May, or beginning of June, after the crop was considerably advanced.
    In the winter following she married her second husband, Mr. Gwin ¡ but the negroes of Mr. Hicks continued on the land all the remainder of the year, and the year following. This was therefore a suit brought for two years rent of the land. But,
    
      
       This case %vas omitted among those of 1793
    
   By the Court*

He that plants must reap; and as the life estate in the land was in Mr. Hicks when he planted the crop, it must go over to his executor for that year, without rent § but for the second year they ought to pay rent.

The jury found accordingly for the second year, 240 dollars — ~say, for 120 acres at two dollars per acre.  