coke Report28a Westwick v wire and ux Trinity term Elizabeth in the king bench  SC cite send for   Cop supply S S   Cop S roll Rep burr burr east sheep touch  pale yellow ten Watk Cop vin Abr action n c pl S a pl copyhold g pl W a pl f b  pl d c pl Com dig copyhold g c Abr condition d copyhold g executor l if a  surrender be to a and a and his wife be admit it be void as to the wife  without a special custom the lord have but a customary power to make  admittances accord to the surrender and he can vary the estate or grant it to  any other person tan the surrender have appoint if a executor agree to a  legacy upon condition c it enures as a absolute assent to the legacy the case  be such Alice Westwick be copyholder of the tenement in which c in fee hold of  the manor of Peter leyston in the county of buck and h surrender the tenement  into the hand of the lord of the say manor to use of W Westwick her son in fee  and at the next court hold h for the same manor the entry in the roll be to  this effect ad haec curian to come will Westwick et johan wife he et to take  in hand de lord property pillage cum appurtenance in who c say beforehand  advance W Westwick et john of or belonging to a wife he tenant the same W I et  heir nest c and afterward William die and Johan survive and surrender the  tenement to the use of the defendant who enter upon who the plaintiff as  cousin and heir of William Westwick enter and the defendant reenter and the  plaintiff bring a action of trespass and all this be find in a special verdict  and it be argue roe d Tarrant v hellier sup but the seizure of a copyhold  absolute where there be no custom to warrant it be irregular and can enure as  a seizure until what time ibidem so a action of debt or indebitatus assumpsit  will lie for a fine Shuttleworth v Garnett Carth grant v astle dougl and such  action be not within the statute of limitation lev Kel pl pale yellow ten if  the lord die after admittance the fine belong to his executor lev Carth but it  be no charge on the land roll Abr Watk Cop where a copyhold estate be sell the  purchaser must bear the expense both of the surrender and admission include  the fine Payable to the lord Drury v man atk and the vendor be not bind to pay  the fine although he covenant to surrender and assure the copyhold at his own  expense for the title be perfect by the admittance and the fine be not due  till after Graham v Sime east Sugd vend that Edward I Bart Prec n ED king the  nonpayment of a reasonable fine upon demand be a cause of forfeiture but it be  otherwise if it be unreasonable or if it be doubtful whether it be reasonable  or whether it be due or not or if there be no express refusal or though there  be such if it be pay within the limit time see Willows case post     Cop   Ent  Inst a I roll Abr lev pale yellow ten hob Watk Cop vin Abr copyhold n e Com  dig copyhold m Bac Abr copyhold l ED coke report b er p by the plaintiff  counsel that the plaintiff ought to have judgement coke Report28b for diverse  reason when Alice Westwick surrender her land to the lord of the manor to the  use of W W by the surrender the estate of the copy holder be in the lord which  he may grant to any stranger as the feoff to a use may at the commonlaw and W  W have no remedy but in a court of a equity to compel the lord to admit he a  et per subsequent when the lord grant the land to W Westwick and his wife in  fee it be a good grant to both William Westwick in the case at bar have but  remedy in equity to be admit to the land it shall be intend that William  Westwicke request the lord to make a grant to he and his wife for so much be  imply in it when it be say quod ad haec curian to come W Westwick et Johan  wife he et to take in hand c and every admittance of a copyhold amount in law  to a grant wherefore they conceive that judgement ought to be give for the  plaintiff to which it be answer and resolve by the court that as to the first  reason the plaintiff counsel have mistake the law for when a W surrender the  land to the lord to the use of W W the lord by the custom which make the law  in such case have but a customary power to make admittance b secundum form et  execution up redditionis b and therefore it a cro James see infra a a S p roll  Rep side pl vent Bulst vin Abr action n c pl copyhold d c pl Com dig copyhold  g but as before observe the lord be compellable not only by subpoena in  chancery but by mandamus at law to admit the person nominate by the former  tenant ante p a n Q ED b   b   a   Litt b b Acc   Cop S Inst two g burr burr  pale yellow ten Watk Cop Cru dig vin Abr copyhold f b pl Com dig copyhold g  Bac Abr copyhold g and therefore he can vary the nature of the estate limit by  the surrender see send for b p n I and the book there cite and where the grant  of a copyhold confer no estate a admittance thereupon will confer none right d  dean and chapter of well v Bowden east it may be further observe that on a  surrender be make no estate passes to the lord but the estate remain in the  surrender who continue tenant till the admission of the surrendee   Cop S do d  show v Wroot east do a Blacksell v Tomkins east if a surrender be mere  voluntary he may revoke it at any time before admission Kitch a burgo v  spurling cro car Frasel v Welsh cro James   Cop S by in the case of a  surrender for a valuable consideration which he be preclude both at law Kitch  a   Cop l Bl Com roe d noden v Griffiths burr Vaughan d Atkins v Atkins burr  Benson v Scott salk holdfast d Wollams v Clapham I t r and in equity tailor v  Wheeler salk vern Jennings v more vern from revoke I Watk Cop Bl Com and as a  surrender be mere to effectuate the copyholder alienation no more passes by it  than to answer the intent of the surrender thus if the copyholder surrender to  the use of a for life or in tail the residue or part undisposed of continue in  he or if he surrender to the use of his last will and die without make a will  it will be the old estate and descend to his customary heir post   a Brownl  cro Elizabeth so if he surrender to particular use with the ultimate  limitation express to his own right heir they shall take such limitation as  the old estate and consequent by descent roe d noden v Griffiths barn thus  shout d Gower v Cunningham Bl do d Hucknall v Forster east and it seem to be  the better opinion that there be difference in this respect whether the  surrender take a particular estate himself or not see pale yellow ten Fearne  that edit I Watk Cop in which the distinction as to this point take in Allen v  palmer Leon I t r be able controvert see also Sugd pale yellow use n a  surrender as before observe passes only what the tenant have a right to  transfer and can work a wrong neither can it work any alteration in the term  of the tenure itself or vary the custom of the manor any more than a  admittance but both the tenant and the coke report b er p be not to be liken  to the case of feoff at the commonlaw c and although the lord grant the land  over by copy to another all that be without warrant for notwithstanding that  the lord may make admittance accord to the surrender and that shall be good d  and he who be admit shall be c in by he who make the surrender as it be  resolve in taverner case before e and therefore it be agree per totan curian  if the lord after such surrender grant the land to beneficiary and use and a  stranger the whole shall enure to the beneficiary and use f or if he admit  beneficiary and use upon condition the d condition be void g for after  admittance he be in by he who make the surrender as if a man devise a term to  I S and the executor agree and assent that I S and I n shall have the term or  that I S shall have it upon condition in these case I S shall have the term  sole and absolute for after the assent of the executor he be in by the devise  h and it be say that it have be late adjudge in bunting case that where a  copyholder surrender to the lord be equal bind by the custom east so a  surrender can operate by way of estoppel but can only pass what the surrender  then have do d ibbott v Cowling t r do d Blacksell v Tomkins east press stand  at a distance two three with respect to the surrendee it have be observe that  he take mere as a nominee oh r appointee and not proper as a beneficiary and  use a surrender therefore be no to receive a construction similar to that of a  use or trust per holt CJ fisher v Wigg I p wms ld raym per Hardwicke c Rigden  v valliere Ves before admission the surrendee be say to have neither law in re  nor ad remember he can enter upon the land without be regard as a trespasser  berry v green cro Elizabeth   Cop S Tr east unless by consent of the surrender  in which case be be consider as his tenant at will Watk pale yellow ten be can  maintain trespass Watk Cop berry v green sup nor surrender   Cop S Bl Com  Wilson v waddell Brownl do d tofield v tofield east or forfeit his interest  roe d Jefferey v Hicks will do d tofield v tofield sup but the surrendee be  now regard as have such a interest in the premise as may be devise Davies v  Beversham Ch Rep Nels Ch Rep Freem holdfast d Woollams v Clapham I t r roe d  noden v Griffiths burr Bl Rep Ves jun Watk Cop Sugd pale yellow Us n or assign  the king v the Lord of the manor of Hendon t r Watk pale yellow ten and  although he have no estate in the premise till actual admission yet such  admission when make shall relate to the surrender so as to make the estate  pass in the same course of descent and give the same right to dower and  courtesy c as if the admittance and surrender have take place at the same time  see Benson v Scott lev ante b n I but this doctrine do not extend to render  valid a surrender make by the surrendee to the use of his will before  admittance do d tofield v tofield east as to the limitation of the use post    b ED c see the last note d S p Inst two g burr burr east pale yellow ten Watk  Cop Cru dig vin Abr copyhold f b pl Com dig copyhold g Bac Abr copyhold g ED c  ante b more Cr Elizabeth   light b Bridgm roll post b Cr car e burr burr Watk  Cop ED f SC and S p cite send for Inst two g     S pale yellow ten Watk Cop  vin Abr copyhold f b pl p Com dig copyhold g Bac Abr copyhold g ED d roll Rep  g Acc Inst two g supply   Cop S pale yellow ten Watk Cop vin Abr Copy hold W a  pl f b pl Com dig copyhold g Bac Abr copyhold g so if the surrender have be on  condition and the lord admit the surrendee absolute the surrender shall  control the ad mission   Cop S Watk Cop Inst two g infra ED h Acc sheep touch  God Orph leg toll exec Bac ab condition d executor l ED coke report a er p  lord to the use of another for life e and the lord admit he to hold to he and  his heir that yet he who be so admit have but a estate for life for he be in  after the admittance by force of the surrender I as to the second objection it  be answer and resolve that without special custom for f custom loci be always  observanda or other special matter which be in this case the admittance shall  enure g only to the husband for the reason aforesaid wherefore judgement be  give against the plaintiff