of [deceased], late of the same place, yeoman, is entitled to be admitted tenant for the term of her life, according to the custom of the said manor to the hereditaments hereinafter described (being such part of the copyhold or customary hereditaments holden of the manor aforesaid, and of which the said [intestate] so died seised, as hath been set out for the customary dower of her the said [widow], by [name] of [residence and title], the eldest son and heir, according to the custom of the said manor, that is to say to ALL [parcels], TOGETHER with [general words], and of the yearly rent to the lord of the said manor of [fine], to which said hereditaments and premises, the said [intestate], deceased, was admitted at a general Court, held for the manor aforesaid, on the — day of A. D. 18-. And as to which he died intestate, on the day of, A. D. 18-, leaving the said [widow] and the said [heir], both him surviving.

No. 17.

INQUISITION presenting that the widow of a copyholder, who had made insufficient provision for her in lieu of dower, is entitled by election to be admitted to freebench. MANOR Of -, in the county of

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THE JURORS aforesaid, upon their oath aforesaid, do find and present that [testator] of [residence], under and by virtue of a certain surrender or memorandum thereof in writing, dated the day of, A. D. 18-, and of an admittance thereon, on the day of became fined and seised to him and his heirs, according to the custom of the said manor, oF and IN ALL [parcels], TOGETHER with [general words], which said premises are of the yearly rent to the lord of the said manor of [fine]. AND THE JURORS aforesaid, upon

their oath aforesaid, do further find and present that the said [testator] continued to be so seised until his death, and that during such seisin he made and executed his last will and testament in writing, as by law required, and appointed [name] of [residence], and [name] of [residence], devisees in trust and executors thereof. AND THE JURORS aforesaid, upon their oath aforesaid, do further find and present that the said [testator], deceased, gave and bequeathed to his said trustees in trust for payment to his wife [name], the sum of [amount], in full satisfaction, and in lieu of all claim to her customary dower or freebench in the said hereditaments and premises hereinbefore described (t), AND that the said [wife] hath refused to accept the said sum of [amount] as aforesaid, AND hath consented to abide by her election according to the custom of the manor. AND THE JURORS aforesaid, upon their oath aforesaid, do further find and present that the said [testator] died on the day of, A. D. 18-, without having altered or revoked his said will, leaving the said [executors], and the said [wife], his widow him surviving. AND THE JURORS aforesaid, upon their oath aforesaid, do further find and present, that the said [name], as such widow as aforesaid, is entitled to be admitted tenant for her life, To one equal third part (the whole into three equal parts being divided), or and IN the said hereditaments and premises, hereinbefore particularly described as her customary dower or freebench, according to the custom of the said manor.

(t) Scriven, 4th edit., vol. 1, p. 76, n. (1).

No. 18.

INQUISITION presenting that the husband of a deceased wife seised of copyholds, is entitled to be admitted tenant by curtesy.

THE JURORS aforesaid, upon their oath aforesaid, do find and present that [name], late wife of [name], under and by virtue of the will of [name], of, &c., her grandfather, deceased, and admittance upon the inquisition thereof at a Court held for the said manor, on the day of A. D. 18—, became seised to her and her heirs, according to the custom, oF and IN ALL THAT [parcels], TOGETHER with [general words], which said hereditaments and premises are of the yearly rent to the lord of the said manor of [fine]. AND THE JURORS aforesaid, upon their oath aforesaid, do further find and present that the said [wife] continued to be so fined and seised until her death, AND that she died intestate, on the day of, a. D. 18—, leaving the said [name], her husband and [name], her only child and heir her surviving. AND THE JURORS aforesaid, upon their oath aforesaid, do further find and present that the said [husband], as such surviving husband as aforesaid is entitled to be admitted tenant for his life as tenant by curtesy, according to the custom of the said manor of the said hereditaments and premises whereof his said wife lately died seised as aforesaid.

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CHAPTER V.

INFANTS AND FEME COVERTES, LUNATICS, &c.

OCCASIONALLY instances occur where a person under age, or a married woman become entitled, either by intestacy, descent, will, or the limitations of some settlement, to an estate of inheritance in copyhold lands; and more lamentable instances also occur in those family afflictions where an individual relative becomes demented, and consequently incompetent to conduct his private affairs of business and duty, in cases of the preceding nature. The lord of a manor is held privileged, by special custom alone, to exercise arbitrary control over the property and person of an infant (a), in the seizure and retention of the profits of the former during the nonage (b) of the latter, during which period of legal inability, he may, by a like custom, assign a guardianship to such person as he pleases. A statute (c) however was enacted, directing the proceedings of lords of manors, where infants, as also feme covertes become entitled as tenants; this statute, however, was wholly repealed, and substituted by a later act of Parliament (d), comprising a general provision for all cases of infancy, coverture and lunacy. By reference to the last recited statute, it is easy to understand the mode prescribed for admittance, which is, by attorney, or

(a) 2 Watkins on Cop., 4th edit., wardship. Vide Scriven on Cop., p. 79, 80. 4th edit., vol. 1, p. 397. (c) 9 Geo. 4, c. 29. (d) 1 Wm. 4, c. 65.

(b) Nonage in such an instance should properly extend only to

committee: an attorney may be appointed by an infant or feme coverte: the committee of a lunatic will, of course, be that body authorized ex inquisitione, by the warrant of the Lord Chancellor. By a late act of Parliament perpetual commissioners have been appointed (e). Consequent upon the premises, it remains simply to be affirmed that in practice, a feme covert or infant must, under hand and seal, appoint an attorney to take admittance as proxy; and that a committee of lunacy must represent the maniac copyholder; it is, however, to be observed that in default of the appointment of an attorney by a feme coverte or infant, that the lord has the power of so doing (f). Precedents applicable to each case are annexed.

No. 19.

POWER of attorney by infant or feme coverte to take admission to copyhold property (g).

TO ALL TO WHOM these presents shall come, I [Christian and surname], formerly [maiden name] of [residence when spinster]; but now the wife of [husband's name] of [residence], gentleman, send greeting. WHEREAS [name] of, &c., Esq., my father, deceased, departed this life intestate, on the day of, A. D. 18-, leaving me his only child him surviving. AND WHEREAS the said [name] was in his lifetime seised of the copyhold of inheritance to him and his heirs, according to the custom of the manor of [manor], OF AND IN ALL THAT

(e) 8 & 9 Vict. c. 100.

(ƒ) 11 Geo. 4 & 1Wm. 4, c.65, s. 5.

(g) The steward, it is presumed, will scarcely ever be permitted to appoint an attorney. It is easy to adapt this precedent to the case of

an infant, where custom does not confer the nomination of guardian upon the lord, and even then a precedent, with the name of a friend or disinterested relative inserted, will often pass. Vide Precedent, 21, p. 42.