trustees or trustee of the trust-estate, monies and premises, the trustee or trustees whereof shall so depart this life &c. &c., or become incapable to act as aforesaid, or the executors or adminstrators of the last surviving or continuing trustee, with the consent of the person, who, under the limitations herein before contained, shall, for the time being, be tenant for life, or tenant in tail male by purchase, in possession of the said capital messuages, &c., hereinbefore devised, if such person shall be of the age of twenty-one years, (such consent to be signified by some writing under his hand and seal) but if such person shall be under the age &c., OR in case there shall not be any such person, THEN, at the proper discretion and authority of such surviving or continuing trustees or trustee, or of the executors, &c., BY any deed or instrument, in writing, &c., to appoint one or more person or persons, to be a trustee or trustees, in the room of the trustee or trustees so dying or desiring to be discharged or &c. as aforesaid, AND that, upon every such appointment, the manors and premises which shall be then vested in the trustee or trustees so dying &c., as aforesaid, either solely or jointly with surviving or continuing trustees or trustee, shall be conveyed, assigned and transferred, so and in such manner that the same may become vested in the new trustee or trustees, jointly with the surviving or continuing trustees or trustee, or solely as occasion shall require; AND every such new trustee shall have such and the same powers and authorities, and discretion, to all intents and purposes whatsoever, as if he had been originally nominated a trustee in this my will:

PROVIDED ALSO, and I do hereby declare, that the said several trustees hereby nominated, &c., (indemnity of trustees and for re-imbursement);

I bequeath to

CHAP. III.

SEC. II.

his executors, administra- Bequest by

codicil.

CHAPTER. IV

OF COPYHOLDS.

1. Deed of covenants on the purchase of copy

hold lands.

2. Deed of covenants on the mortgage of copyhold lands.

Reason for having a deed of covenant.

SECTION I.

Of deed of covenants on the purchase of copyhold lands.

Since, in general, the custom of manors does not permit the covenants for title to be contained in the surrender, it is the practice to have a deed to accompany the surrender, by which, after reciting the contract, the vendor, in consideration of the price, covenants that he or his trustee will surrender the purchased lands to the purchaser, or to a trustee for him as may be agreed on. And by this deed the vendor covenants, that he is seised of the premises of and in a good estate of inheritance in possession, according to the custom of the manor,—that he hath power to surrender,―for peaceable possession,-free from incumbrances, (except the

rents and services due to the lord of the manor),—and for further assurance.

The deed of covenant is sometimes precedent, and sometimes subsequent, to the surrender, which is then recited in it.

CHAP. IV.

SEC. I.

in lots.

Where copyhold lands, comprised in one surrender, Copyhold sold are purchased in lots, they may be surrendered to trustees, as to the different lots, upon such trusts as the respective purchasers shall appoint, or in trust for them, their heirs "sequels in right,"(1) and assigns for ever, -the accompanying deed containing a set of covenants from the vendor with each purchaser, or one set of covenants with the trustees.

Copyhold lands, being always subject to a rent to the lord, when they are sold in parcels to different purchasers, the rent should be apportioned by an agreement at the end of the deed of covenants.

If there be any deeds which relate to the surrendered Covenant for production of lands, the person in whose custody they are to remain deeds, must covenant for their production. It seems to be unnecessary to include office copies of surrenders and admittances in such covenants, as other copies (the copy and not the original being the evidence by which the lands are held,) may, at any time, be had from the steward, and are good evidence, though he were not the steward at the time the surrenders were passed.

In the county of Durham, copyhold lands may be Custom of surrendered to trustees upon such trusts as the copy-County of copy hold in the holder shall by deed appoint. In this case, on a sale, Durham, it is proper to exercise that power by the deed of covenants, and to take a surrender also; but, if the power of

(1) Whether these words are to be used or not will depend on the custom of the manor.

1. Deed of covenants on the purchase of copyhold lands.

2. Deed of covenants on the mortgage of copy

hold lands.

Reason for

SECTION I.

Of deed of covenants on the purchase of copyhold lands.

Since, in general, the custom of manors does not having a deed permit the covenants for title to be contained in the surrender, it is the practice to have a deed to accompany the surrender, by which, after reciting the contract, the vendor, in consideration of the price, covenants that he or his trustee will surrender the purchased lands to the purchaser, or to a trustee for him as may be agreed And by this deed the vendor covenants, that he is i seised of the premises of and in a good estate of heritance in possession, according to the custom of manor, that he hath power to surrender,-for able possession,-free from incumbrances, (exc

cases, the rent should be

end of the deed of covers.

there be any deeds which relate to the dog Comme to

is the person in whose custody the

st covenant for their production. It annecessary to include office copies tittances in such covenants, as other and not the original being the evidence lands are held,) may, at any time steward, and are good evidence the steward at the time the surre In the county of Durham surrendered to trustees upon holder shall by deed app it is proper to exercise t nants, and to take a

as

an Custom of

d, but) copyholds in County of Dur

Surren- ham.

instru

of his

estate

other

ler into

declare

not sub- Copyholds canithin the not be extended, &c.

arred by suror by the copymit a voluntary The land and remodes of barring urt, (or if two of