IN CONSIDERATION of the sum of ten shillings (m), of lawful money of Great Britain unto [testator], of

in the said county, gentleman, in hand at or before the passing hereof, well and truly paid by [executor], of —, in the said county, the receipt whereof is hereby acknowedged, HE the said [testator] HATH surrendered and given up, and by these presents, DoTH surrender and give up unto the hands of the lord of the said manor by a rod, by the hands and acceptance of [name] a customary tenant of the said manor, and sworn according to the custom thereof. Firstly, ALL those [leasehold parcels], and of the yearly rent to the lord of the said manor of [fine], TOGETHER with [general words].

And, secondly, ALL THAT [copyhold parcels] and of the yearly rent to the lord of the said manor of [sum], TOGETHER with [general words] (as to the hereditaments and premises firstly described), TO THE USE and BEHOOF of the said [executor], his executors, administrators, and assigns, for and during all the rest, residue, and remainder yet to come and unexpired of the said term of years, commencing and to be computed from the day of, A. D. 18-, SUBJECT, nevertheless, to the rent, covenants, powers, provisoes, clauses, reservations and restrictions reserved, mentioned, and contained in a certain indenture of the day of (n), and to the payment

of the yearly rent of [amount], at the days and times therein reserved and appointed (and as to the hereditaments and premises secondly described), to THE USE AND BEHOOF of the said [executor], his heirs and assigns for ever, according to the custom of the said manor, to SUCH USES nevertheless, upon such trusts, and to and for such ends, intents, and purposes, and subject to such powers, provisoes, clauses, declarations, and agreements as are or shall be mentioned, expressed, declared, limited, appointed or contained, of and concerning the same

(m) Nominal.

(n) This indenture is of the date

of the surrender creating the leasehold.

respectively, in and by the last will and testament of him the said [testator], or any codicil or codicils thereto, and to or for no other use, intent, or purpose whatsoever.

SURRENDER out of Court to the uses of a will bequeathing leasehold hereditaments and premises to executors. MANOR Of, in the

county of

day of

BE IT REMEMBERED, that on the A. D. 18-, [testator] of in the said county, IN CONSIDERATION of 10s. of lawful money of the current coin of the Realm to him well and truly paid, at or before the passing of this surrender by [name], of [residence], gentleman, and [name] of [residence], gentleman, trustees and executors named in the last will and testament of the said [testator], bearing even date herewith, the payment and receipt whereof is hereby acknowledged, HATH surrendered and given up, and by these presents DOTH surrender and give up into the hands of the lord of the said manor by a rod, and by the hands and acceptance of [name], a customary tenant of the said manor, and sworn according to custom thereof, ALL [parcels]; and of the yearly rent to the lord of the said manor of [fine]; TOGETHER with [general words], TO THE USE AND BEHOOF of the said [trustees], and the survivor or survivors of them, and the executors,

day of

administrators, and assigns of such survivor, for and during all the rest, residue, and remainder yet to come and unexpired of a certain term of [term] years, commencing and to be computed from the [date of surrender and indenture creating lease], SUBJECT, nevertheless, to the rents, covenants, powers, provisoes, clauses, reservations and restrictions reserved, mentioned, and contained in a certain indenture of the aforesaid, and to the payment of the yearly rent or sum of [amount], at the days and times therein reserved and made payable, To SUCH USES nevertheless, upon such trusts, and to and for such ends, intents, and purposes, and subject to such powers, provisoes, clauses, declarations and agreements as are or shall be mentioned, expressed, declared, limited, appointed or contained, of and concerning the said premises in and by the last will and testament of him the said [testator], or any codicil or codicils thereto, and to and for no other use, trust, intent, or purpose whatsoever.

INQUISITION presenting that the heir-at-law and customary heir of a sole trustee, deceased intestate, under the will of a deceased testator, is entitled to be admitted to the uses of the same will devising copyhold of inheritance.

MANOR of county of

in the

the}

THE JURORS aforesaid, upon their oath aforesaid,

do find and present that [trustee] of [residence], in the said county, gentleman, died fined and seised to him and his heirs, according to the custom of the said manor, as trustee to and for the use and uses, intents, limitations, purposes, payments and provisoes mentioned, declared, and set forth in the last will and testament of [testator], of [residence, &c.], in the county aforesaid, deceased, oF AND IN all and every his the said [testator's] copyhold or customary messuages, barns, and other buildings, and the several closes, inclosures, and parcels of land, meadows, mosses, pastures and feedings, commons, common of pasture and turbary, ways, waters, watercourses, liberties, easements, profits, privileges and appurtenances whatsoever to the same belonging, or in anywise appertaining, situate, lying, and being at [locality], within the county and manor aforesaid, of the yearly rent to the lord of the said manor of [fine] (0): AND THE JURORS aforesaid, upon their oath aforesaid, do further find and present that the said [trustee] died intestate as to the said premises, leaving [heir] of [residence], in the said county, gentleman, his eldest son and heir-at-law, and heir according to the custom of the said manor, and that the said [heir] is now of full age, and ought to be admitted to the said premises; but, nevertheless, upon the trusts, and to and for the uses, intents and purposes mentioned and declared in the last will and testament of the said [testator] deceased, or so many of them as are subsisting or capable of taking effect (p).

(0) The parcels are inserted as a concise description: a separate inquisition is always adopted for

properties in distinct manors.

(p) The admittance is similar to the form in Precedent, No. 1.

No. 9.

INQUISITION presenting that trustees are entitled to be admitted to the uses of a will devising copyhold of inhe ritance.

day of

THE JURORS aforesaid, upon their oath aforesaid, do find and present that [testator], late of [residence, &c.], in the said county, being fined and seised according to the custom of the said manor, of ALL [parcels], TOGETHER with [general words], and of the yearly rent to the lord of the said manor of [fine], duly made and published his last will and testament in writing, bearing date the [date], and thereby gave and devised unto [trustee], of [residence, &c.], in the county of [name], gentleman, and [trustee], of [residence, &c.], within the said county, yeoman, their heirs and assigns, ALL AND EVERY his messuages, lands, tenements and hereditaments, TO HOLD the same unto and TO THE USE of them, their heirs, successors, and assigns, UPON the trusts therein mentioned, AND that the said [testator] continued so fined and seised until the time of his death, and that he died so seised on the day of, [state], being since the passing of an act of Parliament (q) to remove certain difficulties in the disposition of copyhold estates by will, and without having altered or revoked his said will; AND that by the custom of the manor of [name], any copyhold tenant of such manor may, by his or her last will and testament, dispose of or appoint his or her copyhold tenements, having been surrendered to such uses as should be declared by such last will and testament (r); and that the said [trustee] and [trustee] respectively are of full

(9) 7 Wm. 4 & 1 Vict. c. 26.

(r) This is only by way of reference, not effect.