Law Notes Volume 26

Law Notes Volume 26

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...his widow claimed dower in respect of the freehold house, and freebench (which existed i11 the manor) in respect of the copyhold house. The son refused to recognize either claim. Advise the parties upon the question at issue, and give reasons for your answer." The answer set out in our Supplement was to the effect that the widow was not entitled to dower out of the freehold house, since the devise in her husband's will defeated her claim (see sects. 4 and 9 of the Dower Act, 1833), and that with regard to the freebench, inasmuch as the Dower Act did not apply, we should inquire of the steward of the manor whether, in this particular manor, a devise defeated dower or not. The second part of this answer is, we must confess, somewhat weak, for we had overlooked the important case of Lacey v. Hz'll(l875, L. R. 19 Eq. 846), to which our attention was drawn by one of our subscribers. Here it was expressly decided by Sir G. Jessel, M.R., that a devise by a testator of his copyholds was sufficient to bar his widow's right to freebench. In order to understand the raison d'etre of this judgment, it is necessary to inquire how the widow could be defeated of her right under the common law. The most usual method was by an alienation inter viz-es, the husband surrendering his copyholds, and the surrendereo subsequently taking admittance, FREEBENOH. ' POINT of law in connection with this subject and apparently it was quite immaterial that the husband died in the meantime. In course of time it was held that a surrender by a copyhold tenant to the use of his will, followed by a subsequent devise, was sufficient to deprive his widow of her freebench; and this was the state of the law when Preston's Act (55 Geo. III. c. 192) more

Product details

  • Paperback | 316 pages
  • 189 x 246 x 17mm | 567g
  • United States
  • English
  • black & white illustrations
  • 1236875001
  • 9781236875006