Leases of lands of infants. Leases of lands of lunatics. Conveyance of lunatics' lands in performance of contracts. Copyholds within mortmain act. Statutes not applicable. Statutes repealed by recent statute of wills. By the above statute of 1 W. 4, c. 65, s. 17, where an infant is entitled to land in fee or in tail, or to any leasehold land for an absolute interest, the infant or his guardian, by the direction of the Court of Chancery, may lease such land as the Court shall direct. Where a lunatic is entitled to land in fee or in tail, or to any leasehold land for an absolute interest, the 24th section of the same statute authorizes the Lord Chancellor to direct the committee of the estate of such lunatic to lease such land as the Lord Chancellor shall direct. The 27th section authorizes the committee of the estate of lunatics, by the direction of the Lord Chancellor, to convey land in performance of contracts decreed by the Court; and by the 28th section, the Lord Chancellor may order the lands of lunatics to be sold or charged for payment of debts, &c. Copyholds are also within the 9 G. 2, c. 36, respecting the disposition of lands to charitable uses; and a settlement of this property to such uses may be effected by surrendering the same to a trustee, and then by deed indented and enrolled pursuant to the act, declaring the uses of such surrender. (1) But copyholds are not within the statute de donis, 13 Ed. 1, c. 1; nor the statute of uses, 27 H. 8, c. 10; nor were they within the statutes concerning wills, 32 H.8, c. 1, and 34 & 35 H. 8, c. 5, before the total repeal thereof by the recent statute of wills, 1 Vict. c. 26; nor the statutes relating to occupancy, 29 C. 2, c. 3, s. 12, and 14 G. 2, c. 20, before the partial repeal thereof by the same statute. The statutes of 32 H. 8, c. 1, and 34 & 35 H. 8, c. 5; the 55 G. 3, c. 192, for removing certain difficulties in the disposition of copyhold estates by will, and so much of the 29 C. 2, c. 3, as related to wills, and so much of the 14 G. 2, c. 20, as related to estates pur autre vie, were repealed by the above statute of 1 Vict. c. 26. (1) Doe v. Waterton, 3 Bar. & Ald. 149. 17 CHAPTER II. CONCERNING THE LORD. 1. Of his interest in the Copyholds, his power to make to make grants THE lord of a manor, however limited his interest therein Power of lord be, may make such voluntary grants of the copyhold tenements as are warranted by the custom, which grants will continue good after the determination of such interest: and this ability on the part of the lord will not be affected by his infancy, idiotcy, or lunacy. He may also take surrenders by tenants to the use of others, may grant copyholds in reversion, unless restrained by custom, and take advantage of forfeitures. And if a husband and wife be seised of a manor in her right, they may together make copyhold grants: but if made by the husband alone, they will be voidable by the wife on his death, and by her heirs if she die before the husband. (1) If the lord by his will direct his executor to grant copyholds according to the custom for the payment of his debts, the executor will be enabled to do so, though he take no interest, but a power only. (2) A distinction is to be made between those acts which Acts of lord (1) Gilb. Ten. 195. 4 Co. Rep. 23 b, 24 a. 317, [4th ed.] Scriv. Cop. 112. Co. Cop. s. 34. (2) Co. Litt. 58 b. 1 Watk. Cop. 30, 101, Supp. to Cop. s. 17. with reference to his interest, Lord cannot alter ancient rent, &c. the lord may do without reference to the duration of his interest in the manor, as the making of voluntary grants, and those which are dependent on such interest, since he cannot grant licenses to demise for a period extending beyond his own interest. (1) The lord cannot alter the ancient rent and services, and the authorities are against his ability to regrant copyholds in separate parcels at apportioned rents. (2) It would seem from the case of Doe v. Huntingdon, (3) that upon an enfranchisement by a lord to a tenant of his customary tenement, the lord may retain a portion of the rent preApportionment viously paid. And if the lord purchase part of the tenancy, there will be an apportionment of the rent. (4) of rent. Grant for lives of others. Grants must conform with custom. Lord may exe cute grants, &c. out of manor. Fee created. A grant to one for the lives of others and the life of the survivor successively, will not give the cestuis que vies any beneficial interest, unless there be a custom to that effect: and the admission of the cestuis que vies will not extend the grant, so as to give them the legal reversion. (5) Grants must be made in conformity with the custom. But although an estate of shorter duration than that of which the custom authorizes the creation may be granted, yet an estate of longer duration cannot. If, therefore, the lord is warranted to grant in fee, he may grant for any less estate. (6) Some further points on the subject of grants will occasionally be noticed under the section treating of grants and surrenders. The lord may also execute grants and take surrenders, not only out of court, but out of the manor. (7) In some manors in which copyholds of inheritance are (1) Gilb. Ten. 209. (2) Co. Cop.s. 41. 2 Bl. Comm. 370. 1 Watk. Cop. 341, [4th ed.] Scriv. Cop. 113. grantable, a fee may be created otherwise than by the word heirs, as, for instance, by the words "sequels in right." Grants may be made to infants and married women as Grantees. well as adults, and also to persons of unsound mind. (1) If a copyholder die, leaving his heir under fourteen, the Guardian. lord may, by custom, appoint the heir a guardian of the copyhold land, until he attain the age of fourteen. (2) 2. Of the Lord's power to enfranchise, extinguish, or Some observations have already been made, respecting those acts by which the demisable property of copyhold lands is destroyed. (3) If a lord, seised in fee of a manor, convey the freehold Enfranchiseof a copyhold to the tenant, or release to him all seignioral ment. rights, or release the freehold to him by way of enlargement of his estate, the copyhold tenure will be enfranchised and converted into freehold. (4) But if the lord have a Suspension of partial interest only in the manor, though there will be an extinguishment of the copyhold interest, yet the de demisable pro perty. (3) Supra, p. 3, 4. (4) Co. Litt. 276 b. 4 East, 290. 3 Pres. Conv. 538. 1 Watk. Cop. 448, [4th ed.] مر misable property will be suspended during the existence only of the estate conveyed in the freehold. (1) So that where a tenant is contracting for the purchase of the freehold interest, it is necessary for him to ascertain that the lord is entitled to the manor in fee, or that the persons with whom he is dealing have power over the fee. Persons having particular estates only in manors, are empowered by act of parliament to enfranchise in certain cases, as by the 42 G. 3, c. 116, to redeem land tax. The extinguishment of a copyhold in a manor will enure for the benefit of those having a prior charge upon, or interest in, the manor of which the copyhold is held. So that if one, having a manor, mortgage, or devise the same, and afterwards a copyhold escheat, or be surrendered to the lord for his own use, it will pass by the mortgage or devise as part of the manor. (2) But as there may be a suspension only of the copyhold interest as distinguished from an extinguishment thereof, if the lord marry a feme copyholder, or a copyholder marry the lady of the manor, there will be a suspension of the interest during the coverture only, or until an alienation of the manor. (3) In the case of a copyhold falling into the freehold of the manor, the demisable property is not absolutely destroyed, but suspended only: whereas in the case of an enfranchisement, the copyhold interest is entirely at an end. (4) If a copyholder entitled to a limited interest only in the copyhold, take a conveyance of the freehold in fee, the enfranchisement will be absolute, and enure for the benefit of all in remainder, that is, their estate will cease to be (1) 1 Watk. Cop. 436, [4th ed.] (2) Doe v. Pott, Doug. 710. Roe v. Wegg, 6 T. R. 708. (4) 1 Watk. Cop. 431, [4th ed.] |