5. Of the Surrenderee : herein of Surrender to Person not in esse ;

of the Interest of Surrenderee before Admission, and the

Death of Surrenderee before Admission ............ Page 65

6. Of the Presentment of the Surrender : herein of Customs as to

Presentment, of the Necessity of Presentment, and of Death

before Presentment ...

.........

7. Of the Admission of the Tenant: herein as to the Effect of Admis-

sion; as to the Admission of Corporations, of the Grantee of

Reversion by the Lord, of Infants, Femes Covert, and Lunatics;

of Remainder Men, Joint Tenants, Tenants in Common, and

Appointees under Powers in Surrenders ; as to the Relation

between the Admittance and Surrender, and as to implied

Admission ......................................... 68

8. Of the Fine on Admittance: herein of renewal and other Fines,

the Fine payable by Joint Tenants, by Heir of Surrenderee

before admission, by the Heir of admitted Copyholder's Heir,

by Tenants for Life and Remainder Men, Joint Tenants, Co-

parceners, Tenants in Common, Special Occupants, Copy-

holders for Years, Appointees under Powers in Surrenders,

Mortgagees, Infants, Femės Covert, and Lunatics ; and as to the

Remedy for the Fine........

........ 71

Sect. III.-Of Dispositions by Husband and Wife, entitled in her

Right, in Cases not falling under the Statute of 3 & 4 W. 4,

C. 74 ............................................ 77

Sect. IV. Of a Release of Right : herein of Release of Equity of

Redemption; of Release by Husband and Wife entitled in

her Right, and by Joint Tenant

Sect. V.--As to the Disposition by Will, and the Statute of i Vict.

c. 26, for the Amendment of the Laws with respect to Wills. 78

1. Of the Disposition of Copyhold Property by Will, prior to the

: above Statute..........

.............

2. Of the Law prior to the above Statute, concerning the Will of a

Copyhold Heir, Devisee, and Purchaser; and concerning the

Disposition by Will of equitable Interests, of resulting

Trusts, of Estates pur autre vie, of contingent and executory

Interests, of Rights of Entry, and of subsequently acquired

Property.....

....... 79

3. Of the recent Statute of Wills concerning the Disposition of

Copyhold Property: herein as to the general Operation of the

Statute; as to the Disposition of Property not surrendered

to Use of Will; as to Disposition by unadmitted Devisor ;

as to Estates pur autre vie, contingent and executory Interests,

Rights of Entry, and subsequently acquired Property. Page 81

4. Of the recent Statute of Wills with Reference to the Competency

of Persons to make Wills; the Will of a married Woman;

the Mode of executing a Will; the Consequence of a Witness

being a Devisee, Legatee, Creditor, or Executor; as to the

Re-publication of a Will, or the Revival thereof by Codicil;

and as to the Commencement and Extension of the Statute. 84

5. Of the Surrender to the Use of a Will : herein of the 55 G. 3, c. 192,

dispensing with a Surrender, and its Construction; of the Will

of a Joint Tenant and Mortgagor; of the Supplying of Sur-

renders by Courts of Equity; of the Effect of general Words

of Devise before and after the above Statute, and the Opera-

tion of that Statute thereon; and of the Enactment in the

recent Statute of Wills as to general Words of Devise... 88

6. Of the Interest devised and created, and the Devisee: herein of

Powers to sell; of Devise to customary Heir, and the Effect

thereon of the Statute for amending the Law of Inheritance;

of the Enactments in the recent Statute of Wills with Reference

to a residuary Devise, the Meaning attributable to certain

Words, and the Fee passing without Words of Limitation; of

the Interest taken by Trustees under Wills, and the Enact-

ments with Reference to a Devise to a Trustee or Executor,

and the Death of a Devisee in Tail, or of a Child or other

Issue of Testator, (being a Devisee or Legatee,) in Testator's

Lifetime.......................................... 94

7. Of the Execution of Powers by a Will, where there is a Power

only and no Interest, and both a Power and an Interest: herein

of the Enactments in the recent Statute of Wills with Re-

ference to the Execution of a Power, and the Effect of general

Words of Devise in executing a Power ......

......

99

8. Of the Revocation and Revival of Wills and Codicils: herein of

the recent Statute of Wills as to Revocation by Marriage; as

to the Means by which a Will or Codicil shall be revoked; as

to the Effect of Alterations in a Will: as to the Revival of a

revoked Will or Codicil, and the Effect of reviving a partially

revoked Will or Codicil, and of re-publishing or reviving a

Will; as to the Effect of Acts subsequent to the Will; and as

to the Time from which the Will shall be construed to take

Effect ...........

.............. Page 101

9. Of the equitable Doctrine of Election : herein of the Effect of

general Words of Devise before the 55 Geo. 3, c. 192, as con-

nected with such Doctrine, and the Von-admission of extrinsic

Evidence to raise a case of Election........ ........ 104

10. Of the equitable Doctrine of Election between Money and

Land. .................. ................... 107

11. Of the Presentment of the Will: herein of the Admission of

Devisees and Appointees under Powers, and the Fine on Ad-

mittance; as to the Fine and Fees payable under the recent

Statute of Wills on the Admission of a Devisee, and the

Devisee of an unadmitted Devisor; and as to the Entry of the

Will on the Court Rolls, and the Fine payable by a Devisee,

where the Property could not have been disposed of by Will

before the Statute .......

........ 108

Sect. VI.-Of Dispositions under the Act for the Abolition of Fines

and Recoveries, and the Bankrupt and Insolvent Acts.. 111

1. Of Dispositions by Husband and Wife, entitled in her Right,

· (she not being Tenant in Tail,) under 3 & 4 W. 4, c. 74, and of

the Objects capable of being accomplished thereby..... 111

2. Of the Modes by which an Estate tail in Copyhold Property

may be barred .....

........ 112

(1.) When the Copyholder is entitled in his own Right: herein as to

legal and equitable Estates tail, and the Clauses applicable

to the Office of Protector..

112

(2.) When the Copyholder and his Wife are entitled to an Estate

tail in her Right: herein as to legal and equitable Estates

tail, and the separate Examination of the Wife ........ 114

3. Of the Mode of acquiring an absolute Interest in Lands to be

sold, the Money to arise from the Sale whereof is to be in-

vested in Lands to be settled in Tail, and in Money to be at

once so invested....

.... 115

4. Of Dispositions by Commissioners and Assignees in Bankruptcy,

and Insolvency.......

........ 116

(1.) When the Copyholder is not a Bankrupt Tenant in Tail. Paye 116

(2.) Of the Disposition by the Commissioner of a Bankrupt Copy-

holder Tenant in Tail. ........

....... 118

5. Of the Admission of Purchasers under a Bankruptcy or Insol-

vency, and the Fine payable on Admission............ 119

Sect. VII.--Of the Consequences of a Vacancy of Possession of

Copyholds.......

............ 120

1. Of the Proclamation by the Lord, and Seisure quousque : herein

as to the Necessity of three Proclamations, and of Notice to

the Heir........

.................. 120

2. Of the Descent of Copyholds : herein of the customary Heir be-

fore Admittance, and the Admission of Coparceners.... 121

3. Of Admission in the case of Infancy, Coverture, and Lunacy, and

the Fine on Admission: herein of the Enactments of 1 W. 4,

c. 65......... .............. .................... 122

4. Of Dower or Free-bench : herein of the Title to Free-bench, and

the Circumstances under which the Widow becomes entitled

thereto; of the Modes by which it may be barred; of the

Doctrine of Election as applicable thereto, and of the Widow's

Admission and Fine.........

........... 124

5. Of Curtesy, and the Husband's Admission and Fine....... 128

SECT. VIII.-Of legal and equitable Remedies ............ 129

1. Of the Action of Ejectment : herein of the recent Statute of

Limitations, 3,& 4 W. 4, c. 27; of Ejectment by Surrenderee,

customary Heir, Coparceners, Joint Tenants, and Tenants in

Common. ....................................... 129

130

2. Of the Relief given by the Writ of Mandamus.........

3. Of the Interposition of Courts of Equity.................

CONTENTS OF APPENDIX.

The Statute for the Amendment of the Laws with respect to Wills,

with an Analysis thereof......................... Page 1

An Act to facilitate the Conveyance of Lands and Buildings for the

Purposes of two Acts passed respectively in the fifth and

sixth Years of His late Majesty King William the Fourth.. 12

No. 1.

Form of a Deed of Enfranchisement from the Lord of a Manor to a

Copyholder. ...................................... 16

No. 2.

Outline of Deed of Disposition under 77th. section of 3 & 4 W. 4,

c. 74, by Husband and Wife, entitled in her Right, she not

being Tenant in Tail, and the Objects not being capable of

being effected by Surrender.... ... ... ... ........... 18

No. 3.

Form of Surrender out of Court, under 3 & 4 W. 4, c. 74, s. 50, by

Tenant in Tail in Remainder of the legal Estate, with the

Consent of the Tenant for Life, the Protector under the above

Statute, in order to acquire the reversionary Fee........ 19

No. 4.

Form of Deed of Disposition by a Tenant in Tail of the equitable Es-

tate, under 3 & 4 W. 4, c. 74, s. 50, the Assurance being by

Lease and Release .....

No. 5.

Form of Deed giving the Protector's consent to the Disposition of

Copyhold Lands, under 51st section of 3 & 4 W. 4, c. 74, to

be entered on the Court Rolls, but not requiring Inrolment in

Chancery. ............. ......................... 22