Benson v stride pollexfen term sanct trin car two rot BENSN versus stride Vid  sir though Jones in ejectment upon a lease make by Bernard stride special  verdict find that the manor of shepton mallet in the county of Somerset be and  time out of mind be parcel of the duchy of Cornwall that the land in question  be and time out of mind be copyhold land demise and demiseable by copy of  courtroll of that manor in possession or reversion for one two or three life a  the will of the lord accord to the custom of that manor that John Lord mordant  Nov be possess for a term of year then and yet continue that be so possess be  grant they by copy to William stride the defendant for his life at the will of  the lord accord to the custom Nov by virtue whereof the defendant be thereof  seize accord to the custom that afterward the same day by another copy the say  Lord mordant grant the same land to one Edward stride and to the lessor  Bernard stride pollexfen habend to the same Edward and Bernard pro lermino  life suaram vitce of one another the dawn still further to live ad will domini  second experience man that immediate post death predict William stride or post  up redditionem forisfacturam sive alian boundary star predict William stride  ut carry in front concession that Edward stride die that William stride July c  be so seize by due course of law of a certain felony and murder by he n commit  be convict and attaint that the king afterward pardon he the say felony and  murder and also the conviction and attaindures and all forfeiture whatsoever  by reason thereof happen that the lord of the manor do not enter but that the  lessor do afterward enter and demise to the plaintiff who enter and the  defendant eject he el si e upon this verdict the case be a copyhold be grant  by copy for life and by another copy the reversion be grant to another habend  aft r the death of the first copyholder or surrender forfeiture or other  determination of the first estate the first copyholder commit murder and be  thereof attaint the king pardon the murder and the attaindure and all  forfeiture thereby the grantee in reversion enter the only question be whether  the estate of the first copyholder for life who be attaint of murder be in be  or thereby forfeit or determine pollexfen by attaindure of felony be forfeit  all his land that customary estate be within this rule unless some particular  custom to the contrary as in gavelkind and customary estate differ no further  than the custom extend if this copyhold be in be it must be in some body or  other some body or other must be seize or tenant of it then in this case the  defendant that be attaint he be not seize of it after the attaindure for by  the attaindure he be in law disable to have or hold any estate or to have any  property in any thing he be in civil sphere morluus his freehold estate which  he have be forfeit if be purchase any other freehold estate after the  attainder the king must have it he can take nothing to his own use then hereby  it appear that by the attaindure he cease to be a copyholder he can not be a  tenant but be a person dead in law if he can no long hold the estate be there  any one else that can hold it the king can have it as forfeit to he by the  annum diem if freehold the meanness of the estate and dignity of the king will  not permit it the king can be tenant to the lord of the manor be can be tenant  at will next the estate be not transfer for transfer it can be but only by  pollexfen er p surrender and admittance here be none so that it be not  possible the king can have it pollexfen the lord of the manor can have it it  be impossible that the lord of the manor can be both lord and tenant that he  shall be a copyholder at the will of the lord when he be lord that he himself  be lord shall also be tenant at the will of the lord that be at his own will  for he have the freehold estate in he if he shall come to this estate by  forfeiture or any other way it must be extinguish in he lane case Rep express  that a copyhold interest and a estate for year in the same land can stand  together in the same person at the same time without confound one the other  Marg Podger case Rep prove this full and because that case be further useful  towards the determination of question that be in this case I desire to put  that case so much of it as concern this case in question a copyhold be grant  to John Podger Elizabeth and mary for their life successive and a custom  within the manor that copyhold so grant shall be enjoy by the grantee first  name for his life and after his death by the second and after his deed by the  three John Podger the first life purchase the fee in this case it be resolve I  that the copyholder for life though the remainder be in other person for their  life by copyhold when be purchase the fee be in by force of the bargain and  sale by which he purchase but do not divest the estate out of the copyholder  in remainder that though the copyhold estate of John Podger for life be  determine by his purchase of the fee pollexfen yet Elizabeth the next  copyholder in remainder shall not enter because her estate be to commence  after the death of John Podger but not before by the custom and so say the  book where there be a copyhold for life remainder for life and the first  copyholder for life commit a forfeiture he in remainder shall not enter for  this forfeiture but the lord shall enter and retain it during the life of the  copyholder so if he surrender to the lord out of this case it be infer that  the copyholder for life purchase the inheritance his copyhold estate be  determine though be in remainder can enter the like upon surrender and in  truth if the remainder shall stand in the way and be like remainder of  freehold estate no surrender can be make and consequent no conveyance also if  such a copyholder surrender to the lord to the use of the lord this must needs  destroy merge and extinguish the copyhold all surrender extinguish the estate  surrender the like when a particular tenant forfeit his estate for life or  year and the reversioner enter the particular estate be thereby defeat destroy  and vanish it do not remain in the lord so that in this case by this  attaindure of felony the copyhold estate for life if it shall go to the lord  yet the lord must not be a copyholder it can be in he preserve but must be  determine and pollexfen if it be then the reversion be grant to the lessor it  shall take effect in possession Obj but perhaps it may be object that though  it be determine yet the lord shall have the advantage and hold the land during  his life and that by what I have cite out of Margaret Podger case it may be so  infer resp to this I answer that the case be quite differ and upon most  apparent reason that of Margaret Podger be where a copyhold be grant to three  by one copy and the custom be that every of they shall take successive one  after the death of the other as name in the copy there in that case it be true  that if the first copyholder determine his estate by surrender forfeiture or  any way the lord shall have the advantage the book give you the reason because  say the book the remainderman be not by the custom to take in possession till  after the death of the first tenant for life pollexfen er p but it be  otherwise in our case we be not a remainder but a grant in reversion habend  from and after the death surrender forfeiture or other determination of the  first estate so that if the first estate be forfeit we be by the express word  of our copy to come in the lord demise a copyhold for year the copyholder  forfeit the lessee ought to have the benefit pollexfen I can it find any  express case there be a custom allege that if a copyholder be convict of  felony and present by the homage that his estate shall be forfeit to the lord  this may be true but prove nothing he be not disable by the conviction to hold  the estate as he be if attaint it be say that some be say not to be forfeiture  till presentment because by common presumption the lord can of himself have  notice of they as if a copyholder commit felony or treason and in the  additional case therewith fol baron and feme be copyholder of the purchase of  the husband the husband be attaint of felony and die No forfeiture of any part  of the copyhold but if the purchase have be before the coverture it have be a  forfeiture of a moiety this show that the attaindure be a forfeiture judgement  be give for the plaintiff pollexfen term sanct mich car two rot