413. When covenant against assignment binds trustee.

413.     When covenant against assignment binds trustee.

Whether a proviso for forfeiture of a term, in the event of the lessee assigning his interest without the lessor's assent, binds the lessee's trustee in bankruptcy depends on the wording of the proviso. If the covenant against assignment without consent includes the lessee's successors in title, then the trustee is bound by it1. If the covenant was made after 31 December 1925, it will include the successors in title to the lessee unless a contrary intention is expressed2. If, however, the covenant expressly relates only to executors,