executors of such survivor; and that during the life of my said wife, the dividends, interest, and annual proceeds thereof shall be paid to her my said wife in lieu of her life estate or life interest in the said premises, and that the principal after her death shall be considered as part of my personal estate.

[Then follow the usual trusts for investment and division of the proceeds of the sale.-See "Practical Man," Wills, 31 to 38.]

In the "Practical Man" many other forms of wills will be found.

PARTITION.

343.-Between Joint Tenants.

This indenture, made, &c., between A. B. of, &c. of the one part, and C. D., of, &c. of the other part.

Whereas at a court, &c. [recite admission.]

And whereas the said A. B., and C. D., have mutually agreed to divide and make partition between themselves of the said hereditaments, and that the said A. B. shall have and be entitled absolutely for an estate of inheritance in fee, according to the custom of the said manor, of all that, &c., and that the said C. B. shall have and be entitled in like manner to all that, &c.

Now this indenture witnesseth, that in consideration of the premises and of 10s. of lawful money, &c., to the said C. D. paid by the said A. B., at or immediately before the execution of these presents [the receipt whereof is hereby acknowledged] he the said C. D. hath remised, released, and for ever quitted claim, and by these presents doth remise, &c., unto the said A. B., tenant as aforesaid, all that, &c., and the reversion, &c., and all the estate, &c., to the use and behoof of the said A. B., his heirs and assigns for ever, according to the custom of the said manor, and so that neither he the said C. D. nor his heirs, nor any other person or persons having or claiming or to claim by, from, through, under, or in trust for him or them, shall have any estate, right, title or interest, of, in, or to the said hereditaments so mentioned to be released to the use of the said A. B., his heirs and assigns, but thereof and therefrom shall be by these presents utterly preIcluded and barred.

[Add a like release from A. B. to C. D., of the parts which he is to have.]

And each of them the said A. B, and C. D., doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the other of them, his heirs and assigns, that each of them the said A. B. and C. D. respectively, and his respective heirs, shall and will from time to

time, and at all times hereafter, upon every reasonable request, and at the expense of the party requiring the same, make, pass, execute, and perfect all and every such further and other lawful and reasonable acts, deeds, surrenders, releases, and assurances whatsoever, for the further, more perfectly or satisfactorily conveying, confirming, and assuring the said respective hereditaments to the uses and in manner hereinbefore mentioned, and according to the true intent and meaning of these presents, as by the said A. B. and C D. respectively, or their respective heirs or assigns, or their counsel in the law, shall be reasonably devised or advised and required, and that until admission shall be taken by the said A. B. and C. D. respectively, their respective heirs and assigns, to the hereditaments hereby mentioned to be released to their respective use as aforesaid, each of them and his heirs shall stand and be a trustee or trustees for the other and his heirs of such respective hereditaments, according to the true intent and meaning of these presents. In witness.

It will frequently be requisite to insert a covenant
for production of writings, when they relate to the
whole property and are held by one of the parties.
The object of the present deed is to avoid the expence
of immediate admission; but should the property be
small, and the expence deemed unimportant, the simple
way of partition, in all cases, will be by the parties
joining in a surrender of the whole premises to the use
of A. B., as to the premises to be taken by him, and
to the use of C. D., as to those to be taken by him,
and for admission to be taken on the surrender.

344.-By Coparceners.

When admitted together they may release as above, but not when admitted severally (see Scriven Cop. 354); but as most frequently some of the coperceners are married women, the only general course to be adopted will be their joining in a surrender of the whole property to the use of each party as to the premises she is to take, and for admission to be taken under such surrender.

As far as the estate clause, with the exception of the statement of consideration, the surrender can be drawn from No.280. The consideration clause may be stated thus :-"for the purpose of effecting the partition hereafter contained."

The uses will be as follow

As to, for, and concerning all that, &c. to the use of the

said A. B., her heirs and assigns for ever; as to, for, and concerning all that, &c. to the use of the said C. D., her heirs and assigns for ever, &c.

The remainder of the draft will be similar to No. 276.

345.-By Tenants in Common.

The legal estate of tenants in common can only be effected by a surrender of the whole copyhold to uses as to each person, as in the case of caperceners; but with a view to save the immediate expence of a fine, they might enter into mutual covenants to pass such surrender whenever called on; and to be interested in the property until such surrender, upon trusts agreeably to the partition; and it might be as well to stipulate that the expense of admission by the heir of any of the parties should be borne by such party's representatives, or by the party requiring the surrender, as might have been agreed on.

346.-Deed of Covenant between Tenants in Common.

After parties, and recitals of admission and agreement, Now this Indenture witnesseth, that in pursuance of the premises, and in and towards performance of the said recited agreement, each of them the said A. B., C. D., and E. F., doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the other and others of them, their, and each of their heirs and assigns, in manner following (that is to say), that they the said A. B., C. D., and E. F. respectively, and their respective heirs, shall and will at any time hereafter, whenever requested by the other or others of them, or their respective heirs or assigns, at any general or special court baron, to be holden for the said manor of G., or out of court, according to the custom of the said manor, either in person or by attorney as may be required, well and effectually surrender into the hands of the ford or lords, lady or ladies for the time being of the said manor, by the hands and acceptance of the steward or deputy steward for the time being of the said manor, or otherwise according to the custom thereof, All those, &c. [description] And the reversion, &c.; And all the estate, &c. of them the said A. B., C. D., and E. F., and their heirs, of, in, to, &c., To the uses and in manner following, (that is to say) as to and concerning all that, &c. to the use of the said A. B., his heirs

and assigns, according to the custom of the said manor; and as to, &c. [same uses in favour of other parties.] And that in the mean time, and until such surrender shall be made and admission taken thereunder, they the said A. B., C. D., and E. F., and their respective heirs, shall stand and be possessed of the said copyhold hereditaments respectively, with the appurtenances, upon trust for the party and parties respectively who, under such surrender and admittance, would be entitled thereto, or as he or they shall direct or appoint, according to the true intent and meaning of these presents. And further, that all expences of and attending the making and passing such surrender shall be borne and paid equally by the said A. K., C. D., and E. F., their heirs or assigns; but the expense of admission of the heirs of any of the said parties previously to making such surrender, shall be borne by his estate, and the expence of admissions subsequent to such surrender shall be borne by the parties respectively taking admission; but all costs, charges, and expences occasioned by the refusal of any party to pass such surrender, or otherwise perform the covenant and provisions herein contained, shall be entirely borne by the party so refusing, and shall be recoverable by the other or others paying the same from such refusing party, his heirs, executors, or administrators, as and for ascertained and liquidated damages.

See remarks in No. 343 as to covenants for production of wrtings.

346.-Value of Copyhold Enfranchisement.

In general a fine is payable on death or alienation; and as alienation does not admit of the same calculation a priori as a question depending on regular intervals or on lives, the most correct way of estimating the probable number of years between each payment, is to take the average in a great number of past cases, similarly to the principle adopted in the formation of tables on the value of lives.

From such an average, taken on the fines paid during one hundred years in an extensive manor, the number of years may be fairly estimated at thirteen, including deaths and alienations.

Calculating on this basis, the value of enfranchisement to be paid by a purchaser of copyhold property, will be found by taking the present value of each succeeding fine, and taking the value of the fine to be paid by the purchaser at unity, and the fines at 13, 26, 39, &c. years, the amount will, at four per cent., be 2.462; and the fines being two years' purchase, the value would be 4.921 years' purchase, or, as the incidental

1

rights of the lord are not brought into the calculation, the value will be fairly estimated at five years' purchase. Of course 25 years' purchase of the quit rent must be paid in addition.

ENFRANCHISEMENTS.

347.-Contract.

,

Memorandum of agreement made, &c., between A. B., of, &c., lord of the manor of G., in the county of S., and C. D., of, &c., a copyhold tenant of the said manor, as follows:That on payment of £ on or before, &c., the said A. B., shall execute a proper and effectual deed of enfranchisement of all that, &c., copyhold of the said manor of G., and to which the said C. D. now stands admitted tenant on the rolls of the said manor.

And it is hereby mutually agreed, that an abstract of the conveyance to the said A. B., of the said manor of G, shall, within fourteen days, be made at his expence, and delivered to the said C. D., but no further title to the said manor shall be required; neither shall the said A. B. be put to any expence for requisitions on such conveyance or otherwise, or for copies of such conveyance, or in any way further than the perusal of the deed of enfranchisement, its examination with the draft, and the execution by the said A. B.; but it is also agreed that in case the said C. D. shall, within three days after receipt of such abstract, express in writing his determination to relinquish such enfranchisement; and shall at the same time pay to the solicitor of the said A. B., the expence of preparing such abstract, at the rate of 10s. 6d. per sheet, he shall be at liberty to relinquish the contract for enfranchisement, otherwise the said C. D. shall be deemed to accept the abstract; and in default of preparing a proper deed of enfranchisement, and paying the consideration money, by, &c., the said C. D. shall be at liberty to waive the said contract, or proceed to enforce the same.

And it is further agreed, that in case of dispute as to the propriety of the draft, the same shall, at the joint expence of the parties, be submitted to Mr. with a copy of this agreement, and the same as settled by him shall be deemed satisfactory.

In witnesss, &c,