Copyholds con deed. renounced them from the time of the death of the testator. They did no act to show that they had taken the copyhold estate, and in due time executed a disclaimer. It was contended, that having assumed the office of executors they had no right to disclaim. But it was held that they might act as regards the personalty and renounce the real estate, and that they were not bound by the act of the devisee who had accepted, and were not liable to pay a fine. The instrument of disclaimer was a release, which was improper if they had taken no estate, but the Court held it under the circumstance to be equivalent to a deed of disclaimer. Under certain circumstances, as has been already veyed by mentioned, a copyhold may be transferred by deed, either under the provisions of an Act of Parliament or when the lord by severing the copyhold from the manor has put it out of the tenant's power to alienate by the customary method (a). And inasmuch as the customary surrender can only be made of a legal estate (except in the case of an equitable tenant in tail and a wife releasing her claim of freebench) there are many other occasions on which interests in a copyhold will pass by an ordinary conveyance. Equitable estates. Thus equitable interests in customary estates pass by assignment, or bargain and sale without enrolment, the former being the more usual and the proper mode of conveyance. The equitable interest of a married (a) Phillips v. Ball, 6 C.B. N. S. 811. Estates of married woman is disposed of by an ordinary deed acknowledged. By 3 & 4 Will. c. 74, s. 77 it is provided, that every married women (in every case except that of her being tenant in tail, for which separate pro- women. visions were made as already noticed,) may dispose by deed of lands of any tenure and money to be invested in land, and also may dispose of, surrender, release or extinguish any estate which she alone, or she and her husband in her right, may have in any such lands or money, and release or extinguish any power, as if she were unmarried, her husband concurring (a), and the deed being duly acknowledged. "Provided, that the Act shall not extend to lands held by copy of courtroll of or to which she, or she and her husband in her right, may be seised or entitled for an estate at law, in any case in which any of these objects could before the Act have been effected by her in concurrence with her husband by a surrender." This provision appears to apply to cases where a married woman wishes to release her claim to freebench to an intending purchaser (b), and where a married woman has a power coupled with an interest. Rights of entry, and contingent, future, or executory interests and possibilities in copyhold estates, are also conveyed, assigned, and charged by deed (c). A deed of release is used to convey any rights in a copyhold to Release. (a) The consent of the husband may be dispensed with by the Court, if he is incapable, separated, transported, &c. see s. 91 of the Act, and Ex pte Shirley. 5 Bingh. N.C. 226. (b) Wood v. Lambirth, 1 Phill. 8. (c) 8 & 9. Vict. c. 106, s. 3. Lease. the person who has been admitted tenant (a), the release of a right to the person in possesion even under a wrongful admittance being an extinguishment of the right. One joint-tenant or coparcener may release to the other, or at his option make a customary surrender to the other's use. A release will be presumed after twenty years have passed during which the person claiming admittance might have asserted his right (b). It will be remembered, that a copyholder's lease is a common-law assurance, and should therefore be registered if the land is situated in a district within. the provisions of the Local Registry Acts (c). (a) Where an equitable estate in copyholds was devised to trustees who sold, and the purchaser was admitted upon surrender by the heir, it was held that to make a good title the trustees should release their right to be admitted. Steele v. Waller, 28 Beav. 466. (b) Doe v. Brightwen, 10 East. 590. (c) These Acts are, for Middlesex, 7 Anne, c. 20. for the Bedford Level, 15 Car. 2, c. 17. for the West Riding 5 Anne, c. 18, for the East and West Ridings and Kingston-on-Hull, 6 Anne, c. 35, for the North Riding, 8 Geo. 2, c. 6, and for the Duchy of Cornwall, 26 & 27 Vict. c. 49. The last Act applies to all dispositions of freehold or customary lands which are parcel of the Duchy. CHAPTER IV. CONVEYANCES OF COPYHOLDS (CONTINUED). Statutory modes of conveyance-Trustee Acts of 1850 and 1852-Abstract of provisions relating to copyholds-Vesting orders-Conveyance decreed-Appointment of new trustees-Leases and sales of Settled Estates Act-Abstract of provisions— Defence Acts-Lands Clauses Act-Abstract of provisions-Bankruptcy Act-Exchanges of copyholds -Of lands in common fields-Of lands to be annexed to a benefice-Exchange made under a decree in Chancery—Under the Inclosure Acts—Abstract of provisions as to exchanges and partitions of copyholds by Inclosure Commissioners-Exchange of charity lands-Partitions of copyholds made in other ways-Division of intermixed lands-Made by order of Inclosure Commissioners-What statutes apply to copyholds-General rule-Declaratory Acts-General Acts which might prejudice the lord-Instances-General Acts extended to favour copyholders-Instances Stamp duties on copyhold conveyances-Provisions of the Stamp Act, 1870. convey. ances. Trustee Acts. Statutory There are certoin statutory methods of conveying copyholds by which the necessity for a surrender, and even in some cases of an admittance is altogether avoided (a). Thus under the Trustees Acts of 1850 and 1852 the Court of Chancery may make an order vesting a copyhold in such persons, in such manner, and for such estate as the Court shall direct, in the cases of trustees or mortgagees who are lunatics or infants, or out of the jurisdiction, or who cannot be found, or when it is uncertain which trustee has survived, or whether the last surviving trustee is alive or dead, or when a trustee has died intestate without an heir or without an heir who is known or a devisee who is known, or when lands are subject to contingent rights in persons unborn, or where a trustee refuses to convey or release (b). And the Court has power to make a similar vesting order when any mortgagee has died without having entered into possession or receipt of rents and profits, and the money shall have been paid, (a) See as to the effect of a private Act substituting trustees for those first appointed, Reg v. Weedon Beck. 13 Q.B. 808. (b) In Paterson v. Paterson, 2 L.R. Eq. 31. a trustee devised a copyhold to a person who disclaimed: the court made an order appointing a new trustee, on the petition of the cestui que trust which was not served on the lord, and by the order all the estate was vested in the new trustee which would have vested in the devisee if he had not disclaimed. It was held, that the order was properly made without the lord's consent, and that he ought not to be served and the court expressed an opinion that the lord would not be entitled to any fine in respect of the land having descended to the customary heir. |