three lives, and one dies, an ordinary fine is from one year and a half to one year and three-quarter's improved annual value; and for two lives, from six to eight years' value; and for changing a life, one year's value. Where four lives or more are on the copy at the same time, the fines are proportionably less. Copyholders, however, would find great difficulty in establishing such customs, as whatever customs are said to exist, the fine is, in most cases, made a matter of bargain, and stands usually recorded on the rolls of the manor in any shape but that of a fine certain. Parties desirous to add a life must, if required, be prepared with certificates of the existence of the remaining life or lives; and those desiring to exchange a life, should bring with them the certificate of a respectable medical practitioner, that the life required to be exchanged is suffering from no other malady than old age; as, should there be any reason to apprehend immediate dissolution, the steward would not be justified in assenting to the request. Where the tables are used for the purpose of assessing fines, if the property consists principally of land, the 5 per cent. table is generally used; but where there are many buildings, the 6 per cent table: this rule is equally adapted to leaseholds for lives; thus for existing to be aged 65 and 75 respectively, the fine a tenant would pay for putting in an additional life, aged 20, so as to enable him to make 6 per cent. out of his money, would be 5 years' purchase, or £525. Inwood's tables contain the number of years' purchase a tenant would pay to make 3 per cent., 4 per cent., 5 per cent., or 6 per cent. of his money, and are a necessary vade mecum for all persons interested in renewals of any description of property. CHAPTER XII. ON WILLS. On the death of a copyholder, before the customary heir is admitted, the question is, whether the deceased has left a will devising his copyhold property; and, if such be the case, it must be produced at the court and presented to the homage, and such part of it as relates to the devisor's copyhold estates should be read publicly by the steward or clerk, and be afterwards entered on the manor rolls; if the devisee do not come forward to be admitted, the lord may seize quousque. Where a testator, at the making of his will, has the legal seisin of a copyhold, and devises it, and the devisee is not admitted, nothing passes by the will of the devisee; but when a testator has only an equitable interest in a copyhold, and devises it, the equitable interest will pass to the devisee; and the devisee, though never admitted, may devise such equitable interest (Phillips v. Phillips, 1 Mylne and Keene, 649). The right also of the equitable owner of a copyhold estate to dispose of his equitable interest by will cannot be controlled by the custom of a manor (Lewis v. Lane, 2 Mylne and Keene, 449).* On the 3rd July 1837, 1 Vict. c. 26, an Act was passed "For the Amendment of the Laws with respect to Wills," a prominent feature in which is, that no wills, whether of real or personal property, will be held valid unless attested by two or more credible witnesses. The word "will" shall extend to a testa- By Sect. 1. ment, and to a codicil, and to an appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament, or devise of the custody and tuition of any child, by virtue of 12 Car. 2, c. 24, or 14 and 15 Car. 2, and to any other testamentary disposition; and the words "real estate" shall extend to manors, Real Estate. advowsons, messuages, lands, tithes, rents, and *See ante, pp. 10, 11. |