DOWER.

236. Duter.-A common form of an estate for life is that of Dower, to which widows in most cases become entitled when not otherwise provided for.

237. Amongst the Goths. It is recorded by Tacitus that the Goths, who established themselves in the southern parts of Europe, fixed the portion of a widow as the fourth part of her husband's lands.

238. Amongst the Saxons.-Dower was also common with the Saxons, amongst whom a widow was entitled to half her husband's property till her death, or re-marriage.

239. Old Record. An ancient Saxon charter in reference to lands in gavelkind, intituled Chirographum Pervetustum de Nuptiis contrakendis, et Dote Constituenda, provides for a widow, certain lands, together with thirty oxen, twenty cows, ten horses, and ten bondmen,

as dower.

240. Norman Law.-The Norman kings continued the law of dower, allowing half the husband's estate to the widow for her life, unless she re-married; but,

241. By Royal Charter.-By a charter of Henry I. a widow, without issue, was at liberty to marry again without barring her dower. 242. Ancient Right Recognized.-In the time of Henry II. the law of dower as then laid down, represents that every man was bound, both by the civil and ecclesiastical law, to endow his wife at the time of his marriage, either by naming the dower in particular, or by endowing her generally of all his lands. If he endowed her generally, then the wife was entitled to one-third of her husband's freehold, or if he named a dower which amounted to more than a third, it was not allowed, but reduced to the required proportion, and such third was not to be calculated upon lands acquired after the marriage, unless expressly stipulated for at the time.

243. Modern Right.-The successor to any landed estate, whether entailed or not, unless the succession be by will, is required to pronde for dower, which the law will enforce, unless by any process dower has been barred (a).

244. Dower in Gavelkind.—When an estate is subject to the custom of gavelkind, the dower claimable by the widow is half the income for her life, modified as other dower may be, when arising from any other estate (a).

TENANT BY THE CURTESY. 245. When a married woman has an inheritance at the time of (e) See "Husband and Wife."

(*)

her death, which was not specially settled upon her, or her children, the widower being the father of such children, becomes for his life tenant by curtesy, and as such is entitled to all the rents and profits of the estate for his life; but he cannot sell or mortgage, other than as far as his life interest may be worth, which dies with him in favour of the children (a).

246. Curtesy in Gavelkind.—A tenancy by the curtesy, in gavelkind, confers upon the widower only half the income of the estate, the remainder going to the children or other heirs in the like degree, equally.

JOINT TENANTS.

247. Any estate may be held in joint tenancy; thus, if lands be given to A and B without further words, A and B will become joint tenants for life.

248. Equal Rights.—Joint tenants, as between themselves, have separate rights, but such rights are equal in every respect, it not being possible for one of them to have a greater interest than another in the subject of the tenancy.

249. Several Rights.-During the lives of joint tenants, they must have several rights; A will be entitled to one moiety of the rents and profits, and B to the other moiety; but,

250. Peculiar Right of Survivor.-After the decease of a joint tenant, the survivor is entitled to the whole residue of the estate for life. 251. Joint Tenancy in Tail.—If lands be given to A and B, and the heirs of their two bodies, and A and B may possibly intermarry, they will have an estate in special tail (183), descendible only to the heirs of their two bodies.

252. When Destroyed.-When a joint tenancy in special tail is created, and the parties do not intermarry, and they both have children, then the joint tenancy is destroyed, half going to the children of A, and the other to those of B.

PECULIAR LAW OF SUCCESSION.

253. In all cases of joint tenancies, as for instance C, D, and E, the survivor of the rest obtains the whole property, to the exclusion of the heirs or assigns of those who die first; thus,

254. If C be the survivor, the heirs and assigns of D and E have no claim upon the estate, which all descends to the heirs or assigns of C.

TRUSTEESHIPS.

255. Trustees become spontaneous joint tenants in trust,

(a) See "Husband and Wine."

the

survivor being, in all cases of good management, the sole trustee to the exclusion of any representatives of those who die first (a).

RELINQUISHMENT OF A JOINT-TENANT'S SHARE. 256. When one of three joint tenants wishes to relinquish his share in favour of the others, a deed of conveyance is needless, he has only to execute a release which gives the survivors a clear half each; and

257. Form of Release.-If one of two joint tenants wishes to dispose of his share to the other, a release is the proper instrument, and may be effectually drawn as follows:

Know all men by these presents that I, John Smith, of the parish of Barford, in the County of Warwick, for, and in consideration of, £200 to me paid by William Smith, of Barford, aforesaid, Do hereby remise, release, and for ever discharge the said William Smith, his heirs, executors, and administrators of, and from, all, and all manner of action and actions, suit and suits, cause and causes of action, and suit debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialities, covenants, contracts, controversies, agreements, promises, damages, judgment, extents, executions, claims and demands whatsoever, in law and equity, which, against the said William Smith, I ever had, or now have, or which I, my heirs, executors, or administrators hereafter can, shall, or may have for, upon, or by reason of any matter, cause, or things whatsoever, from the beginning of the world to the day of the date of these presents, in respect of a certain messuage, or tenement, situated in the said parish of Barford, known as Avon Cottage, now in the occupation of the said William Smith. In witness, &c., &c.

258. Sale by a Joint Tenant.-Though a joint tenant cannot devise his share, he may sell it to whomsoever he pleases, by means of an ordinary conveyance (119).

TENANTS IN COMMON.

259. When there are several owners of an estate, and their shares are for any cause unequal, they are (though in a sense joint tenants) called tenants in common.

260. Unequal Proportions.-One tenant in common may be entitled to one-third, or one-fifth, and another to one-sixth, or oneteath, and the others to shares in any proportion.

261. Distinct Right.-Every tenant in common is, as to his own undivided share, precisely in the position of the owner of an entire and separate estate; thus,

262. Power of Alienation.-A tenant in common, unlike a joint tenant, may sell or devise his share, or release it to one or all of the other tenants in common.

(a) See "Trustees."

D

PARTITION.

263. Compulsion.—It is in the power of any joint tenant or tenant in common, to compel his co-tenants to effect a partition between themselves, according to the value of the shares.

264. By Interference of Chancery.-When one or more joint tenants, or tenants in common, desires a partition, and the others will not submit to a partition, the proper action is through the Court of Chancery; or,

265. By Inclosure Commissioners.-A convenient mode of effecting partition of a joint estate, is through the instrumentality of the Inclosure Commissioners, who are specially empowered for that purpose.

266. Indivisible Estates in Common.-When an estate cannot be divided, but one of the joint tenants desires the value of his share, he should still move simply for a partition; because,

267. Power of Sale.-The Court of Chancery has power, when an estate cannot be divided without manifest detriment, to order the sale thereof and a due partition of the proceeds.

268. Vexatious Power of Irreconcilables.—When one joint tenant insists upon a partition, and the other or others resist such a course, it frequently happens that the mover for a partition is in a position to exact from the other or others, more than the value of his share, as a consideration for releasing it (257).

LEGAL ESTATES.

269. Persons in possession of property in their own right, are said to have a legal estate therein; but,

EQUITABLE ESTATES.

270. When a person holds property, in right of some one else, he is said to have an equitable estate therein; hence,

271. Executors, etc.-Executors, administrators, and trustees, have an equitable estate, in the property committed to their care.

272. Mortgagees and Mortgagors.-When a mortgage is effected, the mortgagee becomes the legal owner, the mortgagor retaining only an estate in equity, because redeemable (1538).

COPYHOLD.

273. All copyholds are held by the custom of some manor (41), by record of court roll.

274. The Steward.-Every manor has an official steward, who holds a court from time to time, for the transaction of the business of the manor, with reference to tenants.

275. Ancient Status.-Formerly, copyholders held entirely at the will of the lord of the manor, who could eject them, without assigning cause, whenever he pleased; but,

276. Improved Status.-As early as the time of Edward III. it was settled that a copyholder, who complied with the custom of the manor, could not be deprived of his tenancy; and

277. Modern Status.-Copyhold has grown to be a permanent tenure, at the disposal of the tenant, upon complying with the custom, whatever it may be.

IMPORTANCE OF OBSERVING CUSTOMS.

278. As customs of manors cannot be created, neither can they be altered, for if a tenant failed to comply with an established custom, his estate would be forfeited to the lord, who would then become tenant in fee simple, independent of the copyholder.

279. Gradual Growth.-The rise of a copyholder, from a state of uncertainty to certainty of tenure, appears to have been very gradual.

EXCELLENCE OF COPYHOLD TITLE.

280. A copyholder has now as good a title as a freeholder, and in some respects a better; for all the transactions relating to the conveyance of copyhold are entered in the court rolls of the manor, and thus a record is preserved of the title of all the tenants.

ESSENTIALS OF COPYHOLD CONVEYANCE.

281. Whatever other customs the manor may be liable to, the Essential principle of a copyhold is that upon every change of tenancy, whether by purchase, by will, or by succession upon intestacy, a fine is payable, by the incoming tenant, to the lord of the

manor.

282. Arbitrary Fines.-By the customs of some manors the fine upon succession to copyholds was entirely arbitrary and at the will of the lord; but,