Succession to freeholds after death before 1898.

(l) See W'ms. Real Prop. 307, 21st ed.

(m) Ibid. 316, 318; Cooper v. Maedonald, 7 Oh. D. 288; Hope v. Eope, 1892, 2 Oh.

(n) Wms. Real Prop. 74-76, 244, 245, 260, 21st ed.

(o) That is. of course, under the Inheritance Act, 1833, regulating the succession on deaths occurring after the year 1833. On deaths before 1834, lands descended according to the common law rules to the heir of the person last seised: Wms. Real Prop. 86, 227, 228, 21st ed.

(p) This was by virtue of stat. 22 & 2:; Viet. c.35, ss. 19, 20, passed 13th August, 1859; Wms. Real Prop. 236, 21st ed.

(q) Ibid. 55 - 58, 242.

(r) See for these Wms. Real Prop. 227 sq., 21st ed.

Copyholds held beneficially in customary fee simple or tail may by special custom be subject to the widow's freebench or the husband's curtesy (z). Subject to these rights, copyholds held in fee are devisable without any surrender to the use of the tenant's will (a): but the devise only gives the devisee a right to be admitted, similar to the right of a surrenderee, and he does not become completely tenant until admittance, a ceremony usually involving the payment of a fine to the lord (b). In default of being devised, copyholds in fee descend to the customary heir, that is, to the person entitled by the custom of the manor in which the lands lie, to succeed to them as heir; and he acquires the estate directly on the ancestor's death, though he is not completely tenant as regards the lord until admittance (c). And it appears that, even when copyholds are devised by will, the estate descends to the customary heir, pending the devisee's admittance (d). Copyholds given to the tenant and the heirs of his body in a manor, where there is no custom to entail, being held for an estate similar to a fee simple conditional at common law, are alienable and therefore devisable on the birth of issue: but if not devised, they descend to the customary heirs of the donee's body only(e). Copyholds held to the tenant and the heirs of his body of a manor, where there is a custom to entail, appear not to be devisable by will, if the entail be not duly barred in the tenant's lifetime (f); and unless the entail be so barred, they will descend to the customary heir in tail (g). Copyholds held for an estate pur autre me are devisable; if not devised, they descend to the heir of the grantee, if the estate were given to him and his heirs: otherwise they pass to the executors or administrators and are distributable as personalty (h).

Estates tail.

Gavelkind: borough -English.

Estates pur autre vie.

Copyholds.

(s) Stat. 53 & 54 Vict. c. 29; see Re Twigg's Estate, 1892, 1 Ch. 579; Re Charriere, 1896, 1 Ch. 912; Re Heath, 1907, 2 Ch. 270; Wms. Real Prop. 233, 328, 21st ed.

(t) See Wms. Peal Prop. 110, 21st ed.

(w) Ibid. 232.

(x) Ibid. 59, 60.

(y) That is, of course, under the provisions of the Wills Act, replacing those of stat. 14 Geo. II.

c. 20, and the Statute of Frauds; see Wms. Real Prop. 132, 133, 21st ed.; Re Inman, 1903, 1 Ch. 241.

(z) Wms. Real Prop. 495, 496, 21st ed.

(a) That is, since stat. 55 Geo. III. c. 192, passed 12th July, 1815; see Wms. Real Prop. 486, 487, 21st ed.

(b) See Garland v. Mead, L. E. 6 Q. B. 441; Wms. Real Prop. 467, 468, 486, 487, 21st ed.

Leaseholds for years were always devisable as chattels. As chattels too, they devolved upon the deceased tenant's executors or administrators and were applicable in payment of his debts (i). And the executors or administrators, or any one of them (j), always had the same powers of disposition over the deceased person's leaseholds as over his other chattels (k); and so might sell or mortgage the same to raise money for payment of funeral or testamentary expenses or debts, or, if necessary, legacies. By such a sale or mortgage the leaseholds are conveyed free from all claims of the deceased person's creditors, legatees or next of kin; and the purchaser or mortgagee is in no way concerned to see to the application of the purchase money, or to inquire for what purpose the sale or mortgage is made (i). Leaseholds, if specifically bequeathed, devolve nevertheless upon the executor in the first instance, and do not pass to the specific legatee until the executor has assented to the bequest: but when this assent is given, they vest in the legatee at once, without the necessity of any formal conveyance to him (m). Leaseholds are also distributable as other chattels upon intestacy according to the Statutes of Distribution (n). There is, however, this difference between leaseholds and other goods: - Personal chattels devolve on death according to the law of the country in which their owner was domiciled, whilst the succession to lands held under a lease for years is determined by the law of the place where they are situate (o).

Leaseholds.

(c) Wms. Real Prop. 459, 476, 21st ed.

(d) Garland v. Mead, L. R. 6 Q. B. 441; but see Davidson's Concise Precedents, .576, n., 18th ed.

(e) 1 Seriv. Cop. 69, 3rd ed.; Rowden v. Maltster, Cro. Car. 42; Wms. Real Prop. 471, 21st ed.

(f) See stat. 3 & 4 Will. IV. c. 7l. ss. 40, 50 Before this Act, it was held that in manors where entails were barrable by surrender, they might be barred by a surrender to the use of the tenant's will: Carr d. Dagwell v. Singer, 2 Ves. sen. 603; Moore v. Moore, ib. 596, 602; 1 Scriv. Cop. 71. 3rd ed.

(g) See Wms. Real Prop. 471-473. 21st ed.

(h) Ibid. 473.

(i) Ibid. 20, 21, 621.

(j) Simpson v. Gutteridge, Madd. 609.

The devolution on death of an equitable estate in land corresponded in general with that of the legal estate, which was the subject of the equity. Thus the succession after death to the estate of a cestui que trust under a simple trust or of a mortgagor of freeholds, copyholds or leaseholds, was governed by the same rules as determined the course of the legal interest therein (p). The exception was that under the old law a widow could claim no dower out of her husband's equitable estate (q). This exception was removed by the Dower Act in the case of wives married after the 1st of January, 1834 (r): but such dower was placed under the control of the husband equally with dower out of legal estates (s).