183 
COPY 
gins with the furrender, and the admittance relates to 
that, i Salk. 1S5. The widow’s title commenceth not by 
the marriage; if it did, then the hufband could do no¬ 
thing in his life-time to prejudice it: but it is plain he 
may alien or extinguifh his right, fo as to bind the eftate 
of the widow : the free bench grows out of the eftate of 
the hufband; and it is his dying feifed which gives the 
widow a title, and as the hufband has a defeaftble eftate, 
fo the wife may have her free-bench defeated. 4 Mod. 
Rep. 452. 
Admittances are never by attorney, for the tenant 
ought to do fealty ; though furrenders are oftentimes by 
attorney. 2 Danv. 189. A copyholder in fee may furren¬ 
der in court, by letter of attorney ; but not out of court, 
without a fpecial cuftom. 9 Rep. 75. If one cannot come 
into court to furrender in perfon, the lojd -may appoint a 
fpecial fteward to go to him, and take the furrender. 1 
Leon. 36. A copyholder being in Ireland, the fteward of 
a manor here made a commiflion to one to receive a fur¬ 
render from him there, and it was held good. 2 Danv. 181. 
The intent of furrenders is, that the lord may not be a 
ftranger to his tenant, and the alteration of the eftate. As 
a copyholder cannot transfer his eftate to a ftranger by 
any other conveyance than furrender; fo if one would 
exchange a copyhold with another, both muft furrender 
to each, other’s ufe, and the lord admit accordingly: and 
if any perfon would devife a copyhold eftate, he cannot 
do it by his will; but he muft furrender to the ufe of his 
laft will and teftament, and in his will declare his intent. 
Alfo where a copyholder furrenders to the ufe of his 
will, the lands do not pafs by the will, but by the fur¬ 
render ; the will being only declaratory of the ufes of the 
furrender. 1 Buljl. 200. 
In cafe ofa will., the chancery will fupply the defefl 
of a furrender, in the behalf of children, if not to difinhe- 
rit the eldeft fon; and for the benefit of creditors, where 
a copyhold eftate is charged by will with the payment of 
debts, though there is no furrender to thofe ufes, it will 
be good in equity. \Rep.2$. 1 Salk. 1S7. ^Sali.S^.. Yet 
it is held, that equity fhall not fupply the want of fuch 
furrender in favour of a grandchild ; or baftard, who is 
not confidered as a child; or a wife againft the heir; nor 
in behalf of legatees : but where the furrender is refufed, 
a will of copyhold may be fufficient without it. Air. Caf. 
Ei]. 1 22. There is no doubt but that the courts of equity 
will fupply the furrender of a copyhold. It is faid how¬ 
ever to be now fettled, that, unlefs there be a valuable 
confideration, they will not interpofe for fuch purpofe, 
but in favour of three deferiptions of perfons only ; cre¬ 
ditors, wife, and children; and even in fuch cafes they 
proceed fubjedl to feveral reftridtions. For, though they 
will fupply the furrender of copyholds in favour of cre¬ 
ditors, if the other eftates, liable to the payment of debts, 
are not fufficient; yet if there be both freehold and copy- 
hold eftates devifed for the payment of debts, and the 
freehold be fufficient for fuch purpofe, they will not fup¬ 
ply the furrender of the copyhold. Raftor v. Stock, 1 Eq. 
Ab.. 123, 4. Hillier v. Farrant, Exc/i. Trin. 1791. 
In fupplying a fprrender in favour of a wife, or younger 
children, courts of equity refpedt the claims of the heir 
at law ; and therefore will not interpofe, if the heir would 
thereby be left unprovided for. Kettle v. Townfhend, 
1 Salk, 187. But the heir whofe claim is to be thus re- 
fpebted, muft be one for whom the teftator was under as 
ftrong a moral obligation to provide, as for the devifee. 
Chapman v. Gibfon, 3 Rro. C. R. 229. And if the fup¬ 
plying of the furrender would not difinherit fuch heir, 
courts of equity will fupply it in favour of the wife, 
though flte be otherwife provided for; Smith v. Baker, 
1 Atk. 3S6. But it was held in Rofs v. Rofs, 1 Eq. Ab. 
1 24, that they ought not to fupply a furrender for younger 
children againft an elder, to make them in a better fitua- 
tion than the elder. In thofe cafes in which the court 
will fupply a furrender, it is to be underftood that the 
eft'edt of the furrender is bounded by the motive which 
h o l r>. 
induces the court to fupply it; therefore where the tefta¬ 
tor devifed a copyhold to truftees, in truft, to fell and to 
pay the intereft of the produce to the wife during her 
life, and after her death to a ftranger ; the court, though 
it fupplied the furrender in favour of the wife, decreed 
that the cuftomary heir fhould be at liberty to apply af¬ 
ter her death. Marfton v. Gowen, 3 Bro.C.R. 170. Courts 
of equity will in fupplying the furrender of a copyhold 
eftate in favour of a purchafer for a valuable confidera¬ 
tion, go (till further; for they will not only fupply it 
againft the party himfelf and his heir ; but will alfo 
lupply it againft his aflignees and creditors, if he become 
a bankrupt. Taylor v. Wheeler, 2 Vcrn. 565. In the cafe 
of copyholds devifed to charitable ufes, the want of fur¬ 
render in fuch cafes is made good, not by the diferetion 
of the court, but by the ftrong and general words of 43 
Eliz. c. 4. Attorney General v. Burdett, 2 Vcrn. 755. 
Attorney General- v. Andrews, 1 Vez. 225. A cejhii que 
trtijf. may devife an intereft in land, See. without furren¬ 
der ; and if copyhold lands are in mortgage, the mort¬ 
gagor can difpofe of the equity'of redemption by will, 
without any furrender made; becaufe he hath at that 
time no eftate in the land, whereof to make a furrender. 
Preced. Cane. 320. One joint-tenant may furrender his 
part in the lands to the ufe of his will ; and where there 
are two joint-tenants of a copyhold in fee, if one of them 
make a furrender to the ufe of his will, and die, and the 
devifee is admitted, the furrender and admittance fhall 
bind the furvivor. 2 Cro. 100. 
A furrender may not be to commence in future ; as af¬ 
ter the death of the lurrenderor, though copyholds may 
be furrendered to the ufe of a man’s will. A copyholder 
cannot furrender an eftate abfolutely to another, and 
leave a particular eftate in himfelf; though lie may fur¬ 
render to ufes, &c. A copyholder furrendered to the 
ufe of his wife and younger fon, without mentioning what 
eftate; and adjudged, that they had an eftate for life. 
4-Rep. 29. If a man having bought a copyhold to him¬ 
felf, his wife and daughter, and their heirs, afterwards 
furrenders.it to another and his heirs, for fecuring a fum 
of money; after hisdeath, the furrenderee fhall not be 
entitled to the land, it being an advancement for the wife 
and daughter. 2 Vcrn. 120. A feme-covert may receive 
a copyhold eftate, by furrender from her hufband, be- 
. caufe fhe comes not in immediately by him, but by the 
admittance of the lord, according to the furrender. 4. Rep. 
29. A feme-covert is to be fecretly examined by the ftew¬ 
ard, on her furrendering her eftate. Co. Lit. 59. An in¬ 
fant furrendered his copyhold, and afterwards entered at 
full age, and it was held lawful, though the furrenderee 
was admitted. Moor, 597. 
By the general cuftom of copyhold eftates, copyholders 
may furrender in court, and need not allege any particu¬ 
lar cuftom to warrant it; but where they furrender out 
of court, into the hands of the lord by cuftomary tenants, 
cuftom muft be pleaded, c) Rep. 75. 1 R.ol. Abr. 500. Sur¬ 
renders out of court are to be prefented at the next court; 
for it is-not an effectual furrender till prefented in court. 
Where a copyholder in fee furrenders out of court, and 
dies before it is prefented, yet tire furrender, being pre¬ 
fented at the next court, will Hand good, and ccfui que 
ufe fhall be admitted; fo if cefui que ufe dies before it is 
prefented, his heir fhall be admitted. But if the fur¬ 
render be not prefented at the next court, it is void. 
Co. Lit. 62. If the tenants by whofe hands the furrender 
was made fhall die, and this upon proof is prefented in 
court, it is good. 4 Rep. 29. Tenants refilling to make 
prefentment, are compellable in the lord’s court. And 
by furrender of copyhold lands to the ufe of a mortgagee, 
the lands are bound in equity, though the furrender be 
not prefented at the next court. 2 Salk. 449. When a 
•copyholder furrenders upon condition, and this is pre¬ 
fented abfolutely, the prefentment is void ; but where a 
conditional furrender is prefented, and the fteward'omits 
entering the condition, on proof thereof the condition 
ft all 
