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married women-Of joint tenants-Surrender
still required in some cases-The Wills Act
Effect of its provisions on wills of copyholds-
What may be devised-Enrolment of will-Fine
to be paid-Estates pur autre vie-Wills of in-
fants-Of married women-Effect of Act on rela-
tion of lord and tenant-Who must be admitted
after devise- Power of appointment given to
trustees for sale Provisional admittance-Dis-
claimer by devisees-Copyholds when conveyed
by deed-Equitable estates-Estates of married
women-Rights of entry and contingent estates-
Release when used-Copyholder's lease-When
to be registered.
CHAPTER IV.
...
Conveyances of Copyholds (continued).
Statutory Conveyances.
p. 53
Statutory modes of conveyance-Trustee Acts of 1850
and 1852-Abstract of provisions relating to copy-
holds-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 copy-
holds-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 parti-
tions of copyholds by Inclosure Commissioners—
Exchange of charity lands-Partitions of copy-
holds 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-Provi-
sions of the Stamp Act, 1870
CHAPTER V.
The Descent of Copyholds.
p. 93
Customs affecting descent of copyholds to heirs-Cus-
toms of descent in freeholds-Run with the land
-Customs of descent in gavelkind-In borough-
english-Legal effect of those terms-Various
customs of descent-As in gavelkind-Less ex-
tensive varieties-Borough-english descent pro-
per-Analogous customs-Extensions of the cus-
tom- Restrictions of the custom Descent to
customary heir of tenant dying seised-Other
restrictions-Customary descents among females
-Preference of eldest or youngest-Exclusion of
heirs female--Descent of inheritance to widow--To
what estates these customs extend-Estates-tail.
Descendible life estates-Estates in expectancy—
Conditions Manors Advowsons - Tithes
-
Franchises-Rents-Equitable estate-Executory
trusts--Who will be taken to be eldest or youngest.
Question as to statutes of distribution--Hotchpot.
-Effect of the Inheritance Act--Person last seised.
-Descent from purchaser-Descent of reversions
and remainders-Rule of representation-Effect
of limitation to "heirs "-Immediate inheritance
of brothers under old law-Exclusion of half-
blood-Inconvenience of some customary descents
-The estate of the heir before admittance-
What acts he may do-Lord compelled to admit
-Different modes of admission-By implication
-Who may admit-Admittance how made-Heir
bound to come for admittance-Seizure Quousque
-Its nature-Customs of absolute forfeiture-
Protection of persons under disability--Admittance
of heir by attorney-Statutory provisions as to
infants and married women--Coparceners one heir.
Seizure of undivided share.
CHAPTER VI.
Incidents of Copyhold Estates.
p. 114
Incidents which usually attach to copyholds-Free-
bench-Curtesy-1. Freebench distinguished from
dower-And from customary dower in freeholds-
Freebench in commuted copyholds-Assignment
how made-Duration of widow's estate-Quantity
of land to be taken-To what tenements freebench
extends-Where due from lands of which husband
died tenant-Where of all his lands during mar-
riage-Inchoate right of freebench-Widow's es-
tate in joint-tenancies for lives-In other copy-
holds for lives-Not in equitable estate-Widow
of unadmitted heir or purchaser-Effect of sub-
sequent admittance-Widow to be admitted-
Widow's rights and remedies-Freebench how
barred-Jointure-Surrender by wife-Alienation
by husband-2. Curtesy- How different from
curtesy at law-Of what tenements-Quantity-
How barred-Husband's claim to fee-simple by
custom-Claim of husband by adverse possession-
Curtesy in gavelkind freeholds-Other customary
varieties-In commuted copyholds-Other inci-
dents of copyholds-3. Guardianship-Of guardian
in socage Of lord by custom-Duties of guardian.
-Customary guardianship in freeholds-4. Lord's
fines On admittance-On alienation-Classifica-
tion of fines-Case of Somerset v. France-General
fine-Dropping fines-Admittance fines-Certain
or arbitrary-When certain-Fine of tenants with
right of renewal-Amount of arbitrary fine-
When discretionary-When reasonable-What is
reasonable in various cases-When fine is only on
first purchase-Similar cases-Case of lives taking
in remainder Of joint-tenants - Fine due on
change in tenancy-Various examples-When due
for freebench or curtesy-For estates in remain-
der-Fines due for separate tenements-What are
separate tenements-Reunion of estates held in
common-Fine when due-On admittance-Prin-
ciple of contribution-Lord's remedies in default
of payment-When a fine is not due-Various
examples-5. Fealty and suit of court-When
due-From whom-6. Heriots-Heriot-service-
Suit-heriot-Heriot-custom-Its nature-Various
examples-When not due-When multiplied-In
case of copyholds-In case of freeholds-Effect of
confusion of boundaries-7. Customary reliefs-
Their nature-When due-8.Rents of copyholders.
-Not to be increased-Commutation of rents and
services-Effect of Limitation Act on claim to
rent-To heriots or reliefs-To heriot-service—
To heriot-custom-Effect of lapse of time on ser-
vice and tenure generally
CHAPTER VII.
Incidents of Copyholds.
(Continued.)
p. 144
Incidents of tenure-Escheat-Only of legal estate-
Only of beneficial interests-May be waived-
Claim lost by lapse of time-Forfeitures-Causes
of forfeiture-General rules-Relief when afforded
-Who may claim-May be waived-Forfeiture
for felony-Attainder abolished-Construction of
Acts-Waste-Relief in cases of permissive waste
-Various acts of waste-In houses-In lands-
In mines-As to trees Injunctions against
waste-Boundaries-Forfeiture for alteration-
Remedies for confusion-Forfeiture for alienation