The Law of Copyholds; In Reference to the Enfranchisement and Commutation of Manorial Rights, and the Copyhold Acts Also a Supplement Containing the Copyhold ACT, 1858, and Other Acts, Notes of Recent Cases, and the Foms and Directions of the Copyhold Commissi (Paperback)

This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1858. Not illustrated. Excerpt: ... remainders over without the concurrence of the tenant for life, whether claiming under the same instrument or not. (Edwards v. Champion, 21 Law T. 293; Slade v. Patiison, 5 Law J. (N. S.) Ch. 51; Shelford's Real Property Statutes, 283, 284, 5th ed.) Page 96, at end of first paragraph. One of two joint tenants, who was a married woman, joined with her husband in surrendering their estate and interest in copyholds for lives, to the intent that the lord should regrant the same to such person or persons as the husband should by will appoint. The wife died in the lifetime of her husband and her sister, the other joint tenant. The husband afterwards died, having by his will appointed the surrendered share to his executors. It was held by Knight Bruce, V. C, that there was a severance of the joint tenancy, but it was considered by Lord Cranworth, C, on appeal, that the surrender was not of itself sufficient to sever the joint tenancy, where the will made in pursuance of it did not come into operation until after the survivorship had accrued. (Edwards v. Champion, 21 Law T. 293; 1 De G. & S. 75.) If one of two joint tenants in fee surrenders his part to the use of his will and devises his share to a stranger in fee, this will be a severance of the joint tenancy, and the devisee will be entitled to be admitted to a moiety, under the doctrine of relation to the time of the surrender. (Co. Litt. 59 b.; Porter v. Porter, Cro. Jac. 100; Gale v. Gale, 2 Cox, 156; Allen v. Nash, 1 Brownl. 127; 1 Watk. Cop. 130, 161, 4th ed.) Page 106, at end of sentence in 17th line from top. By the custom of the manor of T., containing copyholds of Newadmitinheritance, when a copyholder in fee devises land to such uses JJJjSiSlto as J. S. shall appoint, and dies, and his death is presen...