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Right of renewal.

Nomination of

the lives named in succession should have the beneficial ownership, though the first taker paid the fine, would be void; but where the money is contributed equally, there is no reason why the beneficial estate should not go in the order named in the copy (a).

In some manors the copyholders for lives have a tenant-right of renewal. But to support such a custom, the tenant must prove a constant usage of renewal upon payment of a fixed fine. "It will not be sufficient to allege it to be on payment of a reasonable fine, on account of the difficulty of ascertaining the quantum of such a fine. But if a custom be not found to renew on payment of a certain fine, the lord may insist on his own terms: and the only proof that can be given of such a custom is the fact of renewals having taken place according to some certain standard, that is, upon a fine certain " (b).

In some manors the tenants have a right of appointsuccessor. ing their successors, which resembles a tenant-right of renewal: as by the custom of the manor of Yetminster Prima in Dorsetshire, where the copyholds are

(a) A custom opposed to the doctrine of resulting trusts is void. Lewis v. Lane, 2 M. and K. 455. In the earlier case of Edwards v. Fidel. 3 Madd. 238 there seems to have been some uncertainty on this point.

where a custom

(b) Wharton v. King. Anst. 659. Duke of Grafton v. Horton, 2 Bro. P. C. 284. See Freeman v. Phillipps. 4 M. and S. 486. was alleged to exist for the copyholder to renew, paying such fine as should be set by the homage, not exceeding two year's improved value.

granted for one life only, and "any tenant may assign, nominate, or surrender his tenement to his child or any other person."

Tenants with this power of nomination or with a tenant-right of renewal are called "quasi copyholders in fee," and are allowed many of the privileges which usually belong to copyholds of inheritance.

Elsewhere the tenants have by various local customs preferential claims to be admitted to neighbouring copyholds on any terms which a stranger will offer, and in some manors the heir or nearest blood-relation of a deceased tenant has a similar option in the nature of a tenant-right.

Where there is only a habit of renewal, without a tenant-right, a copyhold will come within the general rule of equity, that a trustee renewing for his own benefit will hold the land for his cestui-que-trust, and a life-tenant or other person with a limited interest in a renewable copyhold will be considered a trustee for those in remainder. It seems however that a trustee or tenant for life might purchase the freehold interest, and so practically destroy all chance of future renewals, and hold it for his own benefit, unless those in remainder could show that he took an advantage from his position as trustee, or as having an interest in the settlement, which a mere stranger would not have enjoyed; but where there are under-tenants who have a covenant that their interest shall be renewed toties quoties with every renewal of their lessor's interest, a

Trustee

renewing.

purchase of the reversion or freehold by the latter will create a trust in favour of the under-tenants (a).

III. COPYHOLDS FOR YEARS.

Besides the estates for years already described, which may subsist in copyholds of inheritance or copyholds for lives, there are in several districts copyholds for years, which are granted for a term renewable (b) or not renewable according to the usage, but for no greater estate. These are found among customary freeholds, as well as in copyholds in the restricted sense of the term.

Of this kind appear to have been the Conventionary Estates in manors belonging to the Duchy of Cornwall (now mostly enfranchised), which were granted for successive short terms of years with a tenant-right of renewal descending to the heirs. And elsewhere there are similar estates without a right of renewal.

The same rules, as to resulting trusts and renewals by persons having a limited interest, apply to copyholds for years as are mentioned above as applicable to copyholds for lives.

(a) Dyer v. Dyer, 1 Wh. & T. Lead. Ca. Eq. 184. & notes. (b) Page's Case. Cro. Jac. 671.

(53)

CHAPTER III.

CONVEYANCES OF COPYHOLDS.

Modes of conveyance-Voluntary grant-Surrender and admittance-Devise-Other modes.-I. Voluntary grant-Who may grant-Persons with limited interest-Grants by joint owners-By stewards— Grant how to be made-Its effect-Who may takeAdmittance when requisite-II. Surrender and admittance-Lord's assent required for change of tenancy-Alienation of customary freeholds-Conveyance of copyholds severed from manor-Usual form of surrender-Authority of steward to admit -Improper forms of surrender-Where the lord is not compelled to admit-Admittance to accord with surrender-Presentment-Not now required-Requisites of surrender-In what form to the use of the lord-To the use of another person-Admittance when implied-When not implied-Who may surrender-Who may not surrender-Conveyances of persons under disability-Infants-Lunatics Married women-Surrender by attorney-When not allowed-Authority of attorney-Effect of sur

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render-Tenant cannot convey more than he has got-To what uses surrender may be made-Unborn or unascertained persons-Surrender to use of husband or wife-To persons to be afterwards appointed-Settlement of copyholds on trusts— Trusts how declared-Conveyance to charitable uses-Construction of surrenders-Estate of surrenderee-Of surrenderor-Effect of surrender as between lord and tenant-As between the parties— As to conveyance by an unadmitted purchaser— Voluntary conveyances of copyholds-Surrender when supplied in Equity-Effect of admittance— Admittance by attorney-Admittance how compelled-Effect of admittance of particular tenant— Re-admittance when required—Conveyance of copyholds on sale-Covenant to surrender—Its effect— Enrolment of surrender-Searches for incumbrances. Special conditions-Requisitions-Specific performance-" Dayne surrenders"-" Excepted tenements"-Mortgage of copyholds-Second mortgage. -Discharge-Equitable mortgage-III. Devise of copyholds-Surrender to use of will-Some copyholds formerly not deviseable-Dormant surrender -Act of 55 Geo. III., c. 192-Only supplied matter of form-Wills of married women-Joint tenants— Surrender still required in some cases-The Wills Act-Effect on devises of copyholds-What may be devised-Enrolment of will-Fine to be paid-Estates pur autre vie-Wills of infants -Of married women-Effect of Act on relation of

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