PRECEDENT SURRENDER OF COPY HOLD BY Surrenders. equity, of and in the hereditaments intended to be surrendered as hereinafter expressed, and all remainders, reversions, estates, interests, and powers to take effect TENANT IN TAIL. after the determination or in defeazance of such estates tail, respectively, and for effectuating the sale of the said hereditaments to the said C. D., SURRENDER out of his hands into the hands of the lord of the said manor by the hands and acceptance of the said deputy steward by the rod according to the custom of the said manor [Parcels from Court Rolls], to which said premises the said A. B. was admitted tenant, to hold to him the said A. B., and the heirs male of his body, at a Court held for the said manor on the day of, under and by virtue of the last will and testament of X. Y., dated the day of, and proved in Her Majesty's Court of Probate (Principal Registry) on the 2. Parcels. in fee. day of 3. To purchaser [General Words-Estate Clause]: To THE USE AND BEHOOF of the said C. D., his heirs and assigns, at the will of the lord, according to the custom of the said manor, and by and under the rents, fines, heriots, suits, and services therefore due and of right accustomed. 4. Admittance of purchaser accordingly. Taken and accepted this before me, WHEREUPON the said C. D., by day of Deputy Steward. his attorney duly Fines and Recoveries Act, 3 & 4 Wm. 4, c. 74, s. 50: a legal estate tail can be barred only by surrender; an equitable entail may be barred either by surrender or deed. Where there is a protector of the settlement and he consents to the disposition of the copyhold, his consent must be given either by a deed entered on the rolls, or to the person taking the surrender, who must enter the consent on the rolls. A deed barring an equitable estate tail in copyholds must be entered on the court rolls within six calendar months after its execution: Honywood v. Foster, 30 Beav. 1; Gibbons v. Snape, 2 N. R. 563, L. JJ., on appeal from M. R.; but no surrender or deed for barring an entail in copyholds requires enrolment otherwise than by entry on the Court Rolls. See the Fines and Recoveries Act, ss. 50, 54, Dart. 447, and the Precedents of instruments for disentailing copyholds, infra, Vol. iii. part 2. authorised in that behalf, came before the said deputy PRECEDENT SURRENDER OF COPYHOLD BY the said surrender, To whom the lord of the said manor, TENANT IN TAIL. by the hands of the said steward, granted admittance by the rod, according to the custom of the said manor, to hold to him the said C. D., his heirs and assigns, according to the custom of the said manor, and by and under the rents, fines, suits, and services therefore due and of right accustomed, And he gave to the lord for a fine -, and his fealty was respited. XXXIII. BARGAIN AND SALE of COPYHOLDS under a POWER of PRECEDENT BARGAIN AND 1. Parties. will devising THIS INDENTURE, made, &c., between A. B., of, &c., and C. D., of, &c. [vendors], of the one part; and E. F., of, &c., and G. H., of, &c. [purchasers], of the other part: WHEREAS I. K., late of, &c., being seised of and entitled 2. Recital of to the copyhold or customary (b) hereditaments hereinafter copyholds; expressed to be hereby bargained and sold, for an estate of inheritance to him and his heirs, according to the custom of the manor of duly made and executed his last will and testament, dated, &c., in the county of (a) As to the operation of a bargain and sale under a power, see ante, Vol. i. p. 69, and supra, p. 173; the present form may be easily adapted to the case of freehold estates. Copyholds are within the stat. 21 Hen. 8, c. 4, so that the acting executors may exercise a power of selling them where the testator died before 13th August, 1859: Peppercorn v. Wayman, 5 De G. & S. 230; as well as under the stat. 22 & 23 Vict. c. 35, s. 16, where the testator died after that date. (b) Customary freeholds or free copyholds are not held or expressed to be held at the will of the lord, but only according to the custom of the manor by copy of court roll. PRECEDENT BARGAIN AND SALE OF COPYHOLDS. -to be sold by executors; and thereby directed that his houses and lands at P. (being the said hereditaments hereinafter expressed to be hereby bargained and sold), should be sold by his execu tors thereinafter named (c), and that the money to arise from such sale should be applied in payment of his just debts, and funeral and testamentary expenses; and the said testator by his said will, appointed the said A. B. 3.-of death of and C. D. executors of the same: AND WHEREAS the said I. K. died in the month of, without having revoked or altered his said will, and the same was proved by the said A. B. and C. D. in the testator and probate of his will; court of on the Devises of copy. holds in trust for sale so as to save the necessity of the admittance of the devisees or heir. (c) It is usual to devise copyholds to such uses as the executors or trustees shall appoint, and in default of appointment, to the use of the trustees in trust for sale; but the same object is attained by the will in the text; and in either case a purchaser is at once admitted under the will, and the expense of the trustees' or heir's admittance is saved: Holder v. Preston, 2 Wils. 400; Beal v. Shepherd, Cro. Jac. 199; Glass v. Richardson, 2 De G. M. & G. 658. And except that the point has been thought arguable, it is hardly necessary to say that the power of the trustees to appoint the copyholds to a purchaser is not taken away by the testator's empowering them to sell and convey: Reg. v. Sir T. Wilson, 1 N. R. 55. But it would be otherwise if a life estate preceded the power, for it would be necessary for the tenant for life to be admitted; and the admittance of a tenant for life being the admittance of the remainderman, no fine would be payable on the admittance to the estate in remainder except by special custom: Phypers v. Eburn, 3 Bing. N. C. 250. In order, however, that the admittance of the trustees or the heir of the testator may be avoided, it is necessary that the sale shall take place before the third court after the testator's death; since the lord, after making due proclamation at three consecutive courts of the manor for any person having right to the premises to claim the same and be admitted thereto, is entitled to seize the lands into his own hands quousque, as it is called, i. e. until some person claims admittance: 1 Watk. Cop. 234; 1 Scriv. Cop. 355. See a reference to the several statutes saving in this respect the rights of persons under disability: Wms. R. P. 343. A tenant for life of copyholds is liable to bear a proportion of the expenses of appointing a new trustee, and of the fine payable on the trustees' admission, and may be ordered to give security for the payment of his contribution: Carter v. Sebright, 26 Beav. 374. day of PRECEDENT BARGAIN AND 5. Witnesseth: consideration, ; AND WHEREAS the said A. B. and C. D., in pursuance of the direction in the said will contained, have agreed for the sale of the said hereditaments to the said E. F. and G. H., at the price of £: NOW THIS INDENTURE WITNESSETH, that, in pur- 4.-of contract suance of the said agreement, and in consideration of the for sale. sum of £, &c. (the receipt, &c. [supra, p. 276],) They the said A. B. and C. D., by virtue and in exercise of the said power for this purpose given to them by the said will of the said I. K., and of every or any other power enabling them in this behalf, do, and each of them doth hereby bargain and sell unto the said E. F. and G. H., their bargain and sale, heirs and assigns, ALL THOSE, &c. [parcels — general words]: AND ALL the estate, right, title, interest, claim, and demand whatsoever, late of the said I. K., in, to, and estate, &c. upon the said premises and every part thereof: TO HAVE 6. Habendum, AND TO HOLD all the said premises hereinbefore expressed -parcels, and all the to be hereby bargained and sold unto the said E. F. and G. H., their heirs and assigns, TO THE USE of the said to the use of purchasers. E. F. and G. H., their heirs and assigns, as joint tenants, according to the custom of the said manor, and by and under the suits, services, rents, fines, and heriots therefore due and of right accustomed. [Covenants by A. B. and C. D. severally, that they have done no act to prevent their exercising their power,-and against incumbrances; see supra, p. 241]. IN WITNESS, &c. PRECEDENT RELEASE OF COVENANTS FOR 1. Parties. 2. Recites a marriage settlement containing a covenant to surrender. Conveyance of contingent in terests in copyholds. XXXIV. RELEASE of EQUITABLE INTERESTS in and COVENANTS for TITLE to COPYHOLDS PREVIOUSLY SURRENDERED to a Purchaser (a). THIS INDENTURE, made, &c., between A. B., of, &c., and C. D., of, &c. [trustees for sale of life estate], of the first part; E. F., of, &c. [tenant for life], of the second part; the said A. B. and C. D., and G. H., of, &c. [remaindermen in fee], of the third part; I. K., of, &c. [trustee on Court Rolls], of the fourth part; and L. M., of, &c. [purchaser], of the fifth part: WHEREAS, by an indenture dated the 26th day of December, 1798, and expressed to be made between [parties], (being a settlement made in consideration of the marriage shortly after solemnised between the said [husband and wife], the said [wife, who was settlor] and the said [husband] severally covenanted with the said [trustee], his heirs, executors, and administrators, that she the said [settlor], either alone or together with the said [husband], as the case might require, or the heirs of the said [settlor], should, as soon as conveniently might be after the solemnisation of the said then intended marriage, surrender into the hands of the lord or lady, lords or ladies, of the manor of in the county of, according to the custom of the same manor, two messuages or tenements and other hereditaments therein described, of which the said [settlor] was then seised for an estate in fee, according to the custom of the said manor, and which included the hereditaments hereinafter expressed to be hereby released, To the use of the said [trustee] and his heirs, Upon trust to pay to (a) Contingent interests in copyholds can be conveyed under the Act to amend the Law of Real Property, 8 & 9 Vict. c. 106; previously to the passing of that Act they could be conveyed only by way of contract in equity: 1 Scriv. on Cop. 135; Dart, 450. |