is, in modern conveyances, put very shortly and combined with the habendum. The word heirs was necessary in deeds prior to 1882 in order to pass an estate of inheritance, but in the case of deeds executed since 1882, it is sufficient, in limiting an estate in fee simple and in fee tail, to use the words in fee simple and in tail respectively in the place of the words heirs and heirs of the body (h). An equitable limitation by way of trust executed has the same construction as a legal limitation (i). When the land purchased is situate in Middlesex, Yorkshire, or Kingston-upon-Hull, it must be seen that the deeds relating to it have been duly registered, and the absence or irregularity of the usual memorandum of registration must be inquired into. It is not usual to require evidence of identity of persons executing deeds; but when there are any circumstances giving rise to suspicion or doubt, it may occasionally be expedient to do so. If A., personating B., executes a deed in the name of B. purporting to convey B.'s property, no right or interest passes by the deed (). Requisitions. 1. The conveyance of an indenture, dated the 18 contains a recital of 18 which appears to relate to the property contracted to be sold. Will the vendors' solicitors state whether or not it does so relate? If it does, a supplemental abstract thereof in chief must be supplied. 2. The indenture of 18 has no memorandum of registration in the East Riding Registry indorsed. Was it duly registered, and, if so, what is the reference number? CONSIDERATION -COVENANTS— LEGAL ESTATE RECEIPT STAMPS TITLE DEEDS-USES. See APPOINTMENTS (h) Conveyancing Act, 1881 (44 & 45 Vict. c. 41), s. 51. (i) Re Whiston's Estate, Lovatt v. Whiston, (1894) 1 Ch. 661; 63 L. J. Ch. 273; 70 L. T. 681; 42 W. R. 327; S R. 175. (k) Re Cooper, 20 Ch. D. 611, per Day, J., at p. 623; 51 L. J. Ch. 862; 47 L. T. 89; 30 W. R. 648. CONVICTS, TRAITORS AND FELONS. Prior to the 4th July, 1870, attainder of treason caused a forfeiture to the Crown of the convict's freehold lands, while attainder of felony (i.e., sentence of death or of outlawry on a capital offence) was a cause of forfeiture of such lands to the Crown for a year and a day, after which the lands. escheated to the convict's feudal lord. The conviction related back, making dealings by the convict between the offence and conviction void. Attainder of treason or felony was a cause of forfeiture to the Crown of personal property, including leaseholds, and caused an escheat of copyhold lands to the lord of the manor. .After the 3rd July, 1870, no conviction or judgment for treason or felony causes a forfeiture or escheat (), and outlawry in civil actions was abolished in the year 1879 (m); it is now seldom resorted to in criminal cases, but where it is it still gives rise to forfeiture. No action can be brought against a convict (that is to say, a person against whom judgment of death or penal servitude has been pronounced upon any charge of treason or felony) while his sentence is uncompleted and he has not been pardoned (), and he is incapable during such time of alienating or charging any property or of making any contract (n), except as to property acquired while lawfully at large under any licence (o). The Crown may appoint an administrator of any convict's property (p), in whom the convict's property vests when appointed (q); such administrator can let, mortgage, convey, and transfer any part as he thinks fit (). The property reverts to the convict or his representatives on completion of sentence, pardon, or death (s). Trust and mortgaged properties do not vest in the administrator on the trustee or mortgagee becoming a convict, but (1) 33 & 34 Vict. c. 23, s. 1. (p) Ibid. s. 9. (r) Ibid. s. 12. remain in the trustee or mortgagee so long as he continues trustee or mortgagee, and on his death survive to his cotrustee or descend to his representative as if he had not become a convict (s); but this does not affect the title to the property so far as relates to any beneficial interest therein of such trustee or mortgagee (t). The High Court may make an order for the appointment of a new trustee in substitution for a trustee who is convicted of felony (u). Requisition. A. B. would appear to be a convict within the meaning of the Forfeiture Act, 1870 (x). Has any administrator of his property been appointed? If so, such administrator is the proper person to convey A. B.'s share. CO-OWNERS. See COPARCENERS-JOINT TENANTS-TENANTS BY ENTIRETIES-TENANTS IN COMMON. COPARCENERS. An estate of inheritance which descends from the ancestor to two or more persons together is said to be held in coparcenary. Coparcenary arises either by common law or particular custom: by common law where a person seised in fee simple or in fee tail dies, and his next heirs are two or more females, in this case they all inherit and are called coparceners (y). It arises by particular custom where lands descend, as in gavelkind, to males in equal shares, e.g., to sons, brothers, or uncles of an intestate. When the coparcenary (s) 4 & 5 Will. 4, c. 23, s. 3; 13 & 14 Vict. c. 60, s. 46; Trustee Act, 1893 (56 & 57 Vict. c. 53), s. 48. (t) 4 & 5 Will. 4, c. 23, s. 5; 13 & 14 Vict. c. 60, ss. 46 and 47; 56 & 57 Vict. c. 53, s. 48. (u) 56 & 57 Vict. c. 53, s. 25 (1). arises in either way the coparceners put together make but one heir, and have but one estate among them (). Coparceners always claim by descent, unlike joint tenants, who always claim by purchase. Therefore, if two sisters purchase lands, to hold to them and their heirs, they are not coparceners, but joint tenants (z), and hence it likewise follows that no lands can be held in coparcenary except estates of inheritance, which are of a descendible nature (a). There is no unity of time necessary to an estate in coparcenary. Thus if a man has two daughters to whom his estate descends in coparcenary, and one dies before the other, the surviving daughter and the heir of the other, or when both are dead their two heirs, are still coparceners. Nor is there any jus accrescendi or survivorship between coparceners, for each part descends severally to their respective heirs, though the unity of possession continues; and so long as the lands continue in a course of descent and united in possession, so long are the tenants, whether male or female, called coparceners (a). A coparcener can dispose of his or her share by deed or by will, and the coparcenary is thereby destroyed. On the death intestate of a coparcener, a co-heiress of the purchaser of land, her son, notwithstanding sect. 2 of the Inheritance Act, 1833 (b), stands in her place quoad her share (c); and this doctrine applies equally in favour of her more remote lineal descendants. Accordingly, on the death intestate of a son of such a coparcener without issue, the entire share was held to descend to a nephew of such son, the nephew being a grandson of the coparcener, and no part to the descendants of a sister of the coparcener (d). It has always been possible for any one of several coparceners to compel partition, a power which tenants in common and joint tenants did not acquire till the reign of (2) Blackstone, Vol. II. p. 187. (a) Ibid. p. 188. (b) 3 & 4 Will. 4, c. 106. (e) Cooper v. France, 19 L. J. Ch. 313; 14 Jur. (O. S.) 214. (d) Re Matson, James v. Dickinson, (1897) 2 Ch. 509; 66 L. J. Ch. 695; 77 L. T. 69. Henry VIII. This is, according to Littleton, the reason why they are called coparceners (e). Requisition. It appears from the abstract of title that the property contracted to be sold is vested in Miss Jane Smith and her nephew John Jones as coparceners. It is presumed that the latter is of age and will join Miss Smith in the conveyance. COPYHOLDS. An abstract of title to copyhold property consists for the most part of extracts from copies in the vendor's possession of entries on the court rolls. The abstract should be examined with the copies and verified by searching the rolls. The conveyance of copyholds is effected by surrender and admittance. A surrender may be either in or out of court. No presentment of a surrender out of court is now required prior to its enrolment (ƒ). Formerly, before copyhold property could be devised by will, its previous surrender to the user of the will was necessary, but since the 12th July, 1815, such surrender has been unnecessary (g). The admittance of a tenant for life is the admittance of the remainderman, but not of a reversioner. The customary heir can surrender the estate without being first admitted, as may also an equitable tenant in tail. An admittance may, since the 16th September, 1887, be effected by attorney (h). Devisees in trust for sale must be admitted before they can convey. It is, however, the usual plan to direct trustees of a will to sell copyholds without devising the property to them, (e) Litt. s. 241. (f) 4 & 5 Vict. c. 35, ss. 89, 91. 1 Vict. c. 26, s. 1. (h) Copyhold Act, 1887 (50 & 51 Vict. c. 73), s. 2; Copyhold Act, 1894 (57 & 58 Vict. c. 46), s. 84 (2). |