render and indenture, made payable during the continuance of the said term, on the day of, and the

day of

—, in each and every year, by equal portions, free and clear from and of all taxes, charges, rates, assessments and impositions whatsoever affecting the same, except the property tax upon the said rent; and to the several covenants, powers, provisoes, clauses, reservations, and restrictions, reserved, mentioned, and contained in the said indenture. AND THE JURORS aforesaid, upon their oath aforesaid, do further find and present that the said [deceased] continued to be so possessed to the time of his death, and that he died on or about the day of, A. D. 18-, intestate, and that letters of administration of the goods, chattels, rights and credits of the said [deceased], were on or about the day of, A. D. 18-, granted to [administrator], of, in the said county, son [or as may be] of the said [deceased], by the Consistory Court of the Bishop of Chester (s). AND THE JURORS aforesaid, upon their oath aforesaid, do further find and present that by the custom of the said manor, the said [administrator] as such administrator as aforesaid, is entitled to be admitted tenant to all and singular the hereditaments and premises hereinbefore particularly mentioned and described, for the now residue of the said term of nine hundred and ninety-nine years, upon payment of his fine and upon payment and performance of the yearly rents, suits, and services therefore due and of right, accustomed according to the custom of the said manor, SUBJECT to the payment of the yearly rent, and to the observance and performance of the covenants and agreements mentioned, reserved and contained in the surrender and indenture hereinbefore referred to (t).

(s) Vide p. 8, n. (p), supra. (t) Admission, as in Precedent, No. 1.

No. 5.

INQUISITION presenting that the widow and administratrix of a deceased copyholder intestate, and who has again intermarried is entitled to be admitted tenant of certain leasehold premises of the manor wherein they are situate, according to the custom thereof, for the residue of a term of nine hundred and ninety-nine years, created by surrender and indenture.

THE JURORS aforesaid, upon their oath aforesaid, do find and present that [deceased], of, in the said county, gentleman, under and by virtue of a certain surrender or memorandum thereof in writing, duly passed and executed by [last surrenderor], of —, in the said county, bearing date the A. D. 18-, and of an admittance thereupon on the day of

day of

,

became fined and possessed according to the custom of the said manor, to him, his executors, administrators and assigns, for the remainder then to come and unexpired, of a certain term of nine hundred and ninety-nine years, created in and by a certain other surrender or memorandum thereof in writing, and an indenture of demise and covenants, bearing date respectively the day of, A. D. 18-, and commencing from the day next before the day of the date of the same, upon which said last recited surrender admittance was granted, on the day of, following to the said [last surrenderor] oF and IN ALL [parcels], which said hereditaments and premises were of the yearly rent to the lord of the said manor of [fine]. TOGETHER with [general words], SUBJECT nevertheless to the payment of the yearly rent of [amount], reserved and made payable by the said surrender and indenture respectively to [lessor], his heirs and assigns, by two equal half-yearly payments on the day of and the day of

day of

A. D.

yearly, and also subject to the several powers, provisoes, clauses, reservations, covenants and agreements in the said surrender now in recital mentioned or referred unto. AND THE JURORS aforesaid, upon their oath aforesaid, do further find and present that the said [deceased], continued to be so fined and possessed to the time of his death, and that he departed this life on or about the— day of 18-, intestate, and that letters of administration of the goods and chattels, and credits of the said [name], deceased, were on the then next granted to [name], the widow of the said [name], deceased, by the Consistory Court of the Bishop of Chester (u). AND THE JURORS aforesaid, upon their oath aforesaid, do further find and present that the said [name], hath since intermarried with and is now the wife of [husband's name], of [residence], gentleman. AND THE JURORS aforesaid, upon their oath aforesaid, do further find and present that the said [wife's name], is entitled to be admitted tenant of all and singular the hereditaments and premises hereinbefore particularly mentioned and described, for the now residue of the said term of nine hundred and ninetynine years, upon payment of her fine, and on payment and performance of the yearly rents, suits, and services therefore due, and of right accustomed according to the custom of the said manor. SUBJECT to the payment of the yearly rent, and to the observance and performance of the covenants and agreements mentioned, reserved and contained, or referred unto in the said first recited surrender, or to such of them as is or were applicable to the hereditaments and premises hereinbefore described (v).

(u) Vide p. 8, n. (p),

(v) Vide Precedent, No. 1.

13

CHAPTER III.

WILL.

COPYHOLD property was not within the effect of the Statute of Wills (a), nor of the Statute of Frauds (b), and consequently could be devised by parol (c), or by a written will unattested, but only when a prior surrender to the uses of such a disposition had been made, unless by the aid of Equity, which sometimes deigned it's extraordinary aid to effectuate that which might otherwise have been unjustly forbidden (d). By an Act of Parliament (e) now repealed (ƒ), this inconvenience was obviated, and an imaginary surrender was allowed in all cases of mere form; not however rendering copyholds devisable, but only presuming a surrender to an otherwise defective will. By custom, however, copyholds have been heretofore devisable without surrender, even before the statute 55 Geo. 3 (g). The late statute (h) "for the amendment of the law with respect to wills," annihilates the unfortunate objection of the omission of copyholds in the Statutes of Wills and of Frauds, repealing them unconditionally, and assimilating in its enactments the disposition by will of all property, personal or real, present, future, or contingent (i). It is now therefore evidently

(a) 34 & 35 Hen. 8, c. 5.

(b) 29 Car. 2, c. 3, ss. 5, 6, 7, 9. (c) 1 Watkins on Cop., p. 171,

4th edit.

(d) Vide Scriven on Cop., 4th edit., p. 216.

(e) 55 Geo. 3, c. 192.

(f) 1 Vict. c. 26.

(g) Vide Scriven on Cop., 4th edit., p. 212.

(h) Vide 7 Wm. 4 & 1 Vict. c. 26.

(i) Id. ss. 2, 3, 4 and 5.

practicable for any person of legal capacity to make a will of copyhold property, whenever duty or circumstance demand, and that without a previous surrender, and even if an unadmitted tenant observing only the statutory requisite of attestation, and of course such a disposition as is not incompatible with law. It is not within the intention of this work to enter upon the law of wills, &c.; that subtle branch must be left with more able and preceding authors (j); we have merely to inquire the mode of complying with the custom of copyhold Courts as affecting the tenants thereof. Intestacy and administration we have already noticed (k); when, therefore, a will of copyholds has been legally drawn and executed, the testator dead and his will proved, either the executors or trustees thereof must be admitted; at least such is the practice, though certainly such a requisite can be obviated by the form of the will (7). Disputation should not, however, be indulged, and it is more courteous to the lord, and usual in practice to take admittance. Before proceeding to the requisites of such admittance, the form of surrender previously in use as a preliminary to a will is inserted upon the assumption that a more correct idea may be formed of what was lately the practice, and indeed I believe even yet observed by the elder members of the Profession.

No. 6.

SURRENDER out of Court to the uses of a will bequeathing and devising leasehold and copyhold hereditaments to one