CH. 4, s. 5. the intent that the present or any future wife of the party PT. II. T, 5, may not be entitled to dower" (x). 536. This Act applies to gavelkind lands (y). 537. SECTION VI. Of Freebench. CH. 4, s. 6. No dower holds. Copyholders not having the freehold of the lands, their Pr. II. T. 5, widows are not entitled to dower. But in most manors there is a custom that the widows of copyholders shall of copyhave a certain portion of their husbands' lands for their Freebench. support, which is generally called the widow's freebench (z). In most manors freebench consists of one half of the of what husband's copyhold; in others, of a third or a fifth; and in consists. some few, of the whole. It is generally as estate for life, and in many manors it is forfeited by incontinency or a second marriage (a). 538. freebench In some manors freebench is incident even to copyholds Freebench granted only for life (b). 539. of life estates bench of an By the old law, equitable copyhold estates are not No freesubject to freebench. And the Dower Act, which gives equitable dower out of equitable freehold estates, does not apply to freebench. So that when a surrenderee dies before admittance, though after entry on the lands, his widow is not entitled to freebench (c). 540. (x) Fry v. Noble, 20 Beav. 598; 7 D. M. & G. 687; Clarke v. Franklin, 4 K. & J. 266. (y) Farley v. Bonham, 2 Johns. & Hem. 177. (z) 1 Cruise T. 10, c. 3, § 22; 2 Bl. Com. 132; Burton, § 1311. (a) 1 Cruise T. 10, c. 3, § 22; PT. II. T. 5, Position of This estate, being considered as a continuation of the estate of the husband, is perfect without admittance (d); the widow. but when the widow is admitted to her free bench, she holds as tenant to the lord, and the heir is not admitted during her life (e). 541. Jointure a bar. Alienation a bar. lease. A jointure, whether legal or equitable, is a good bar to freebench (f). 542. In general freebench does not, like dower, attach on all the copyhold estates which the husband had during the coverture, but only on those whereof he died seised; so that a copyholder may defeat his wife's right to freebench by any species of alienation (g), though it be only by way of mortgage (h), and even by a surrender to the use of his will (i). 543. Effect of a If a copyholder makes a lease for years, the feme shall not be endowed of the third part of the rent and reversion; because customs ought to be strictly pursued, and the custom is only to be endowed of the land. Yet it seems after the lease is ended, she shall be endowed; because the husband did die seised; the possession of his lessee being his own possession (k). 544. Effect of an agreement Forfeiture Even an agreement to convey, will, in equity, bar the to convey. widow of a copyholder of her right to freebench (). 545. If a copyholder does any act which by the custom of a manor amounts to a forfeiture of his estate, his wife will thereby lose her freebench (m). a bar. Conveyance by the lord a bar. Freebench 546. Where the lord of the manor conveys the freehold of the land to the copyholder in fee, his wife shall thereby lose her freebench, because the copyhold is destroyed (n). 547. A general devise of other lands will not bar a widow of (d) Burton, § 1311. (e) 1 Cruise T. 10, c. 3, § 31. (g) Id. § 34; Burton, § 1311; (h) 1 Cruise T. 10, c. 3, § 36, 37. (i) Id. § 38. (k) Id. § 39, 40. (1) Id. § 41. (m) Id. § 45. CH. 4, s. 6. barred by a devise. ments. freebench, for the same reason that it will not bar dower. Pr. II. T. 5, But where it is expressed to be in satisfaction of dower the widow is then put to her election (o). 548. Where freebench determines by the act of God, there Embleshall be emblements, as in the case of a freehold estate for life. But where it determines by the act of the widow, as by incontinency or a second marriage, it is otherwise (p). 549. (0) 1 Cruise T. 10, c. 3, § 47. (p) 1 Cruise T. 10, c. 3, § 28. PART II. Their different kinds. Definition of this estate. Explana- TITLE VI. OF ESTATES OR INTERESTS LESS THAN FREEEHOLD. THESE are of several kinds : I. Estates for years. II. Estates at will. III. Interests by sufferance. IV. Chattel interests created for special purposes. 550. I. Of an Estate for Years. An estate for years is such a right to the possession, as, either by entry or by virtue of the Statute of Uses, is clothed with the possession (as distinguished from the seisin or ownership) of lands or tenements, for any number of years specified in the instrument creating the estate, or to be fixed by a person therein mentioned, or from year to year, or for a single year, or any less period denoted by one of the ordinary divisions of time (a). 551. A lessee for years has no seisin or ownership of the lands or tenements (b). Nor does he acquire any estate, in possession. the case of a common law lease, until entry; for the mere delivery of a common law lease only gives him a right of entry, which is called his interest in the term, or an interesse termini: yet no intermediate act of the lessor or of a stranger can disturb it (c). But an estate for years may be created by bargain and sale and in other modes, without (a) See 2 Bl. Com. 140, 143; 1 Cruise T. 8, c. 1, § 3. (b) 1 Cruise T. 8, c. 1, § 10; Watk. Conv. 3rd ed. by Prest. 19; and see supra, Tit. 4, c. 1. (c) Id. § 10, 12, 13, 19; 2 Bl. Com. 124; Co. Litt. 270 a; Watk. Conv. 3rd ed. by Prest. 20. TITLE 6. entry, under the Statute of Uses (d). After entry, in the PART II. case of a common law lease, or immediately on the delivery of a deed creating an estate for years under the Statute of Uses, which converts a use into an actual estate, the lessee or termor has the possession, while the seisin or ownership still remains in the freeholder (e). 552. beginning A lease for years may be made to begin either at a As to the precise day or time, or on some particular event, whether and end. certain or uncertain; but it must be made so as to expire at the furthest at a time certain, so that its utmost duration may be capable of being computed, although it may be made previously determinable, by means either of a condition or of a limitation, on some contingent event (ƒ). Hence, if a lease is made for twenty-one years, if J. S. shall live so long, or if the coverture between J. S. and D. S. shall so long continue, or if J. S. shall continue to be parson of Dale so long; these are good leases for years for they cannot endure beyond the number of years specified, although they may determine before the effluxion of those years, in the events fixed for the collateral determination of the term. But if a lease is made for so many years as A. and B. or either of them shall live, not naming any certain number of years: or if the parson of Dale makes a lease of his glebe for so long as he shall be parson; this is not a good lease for years. But if the instrument may operate by reason of livery of seisin, or may take effect as a grant of a remainder or reversion, it may pass an estate of freehold, and by so many years will be understood so much time (g). And if a tenant has an agreement with (d) 1 Cruise T. 8, c. 1, § 14; Watk. Conv. 3rd ed. by Prest. 20, 21. (e) 1 Cruise T. 8, c. 1, § 10, 12; and see supra, Tit. 4, c. 1. (f) See 4 Cruise T. 32, c. 5, § 12 -18, 21; see supra, Part II., Tit. 1, c. 1, 2; 2 Pres. Shep. T. 272, 275; (g) 2 Pres. Shep. T. 275; Co. Litt. VOL I. |