Benson v Scott
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1741 |
| Date | 01 January 1741 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 763
IN THE COURT OF KING'S BENCH
benson versus scott. Hill. 4 W. & M. B. E. Eot. 566. 3 Lev. 385, S. C. 1 Salk. 185, S. C. Skin. 406, S. C. 4 Mod. 251, S. C. Comb. 233, S. C. 2 Danv. 184, pi. 3. Where the widow was defeated of her free-bench in a copyhold. 2 Sid. 37,61. Lane 20. 3 Bulst. 214. Style 146. Godb. 268. In a special verdict in ejectment, the case was as followeth : Ss. Copyholder in fee, where by the tenure the widow was intitled to her free-bench, surrendered his copyhold into the hands of two tenants according to the custom to the use of T. S. and his heirs. This surrender was presented at the next court, but after, and before the second court, the surrenderor died, and at the next court after his death the said T. S. and the widow were admitted. And the question was, if the widow was defeated of her free-bench by the admittance of the surrendree, or whether the widow's estate being attached by her husband's dying seised, should suspend the operation of the subsequent [276] admittance of the surrendree until after the marriage, or the death of the widow. And upon the first argument it was adjudged without difficulty, for the surrendree against the widow : for tho' by the bare surrender, no estate passeth out of the surrenderor, and by consequence he died seised in fee of the copyhold ; yet it was not of an absolute, but a defeasable estate of inheritance, subject to be destroyed by the subsequent admittance of the surrendree; and therefore the widow's estate, which is derived out of that estate of which her husband died seised, must necessarily partake of the same quality, and remain defeasable in her, as it was in her husband. * 1 H. 5, c. 5. 2 lust. 670. Vide 7 H. 5, c. 5. 8 H. 6, c. 10. Betid. 14, 88, 122, 132. 1 Inst 259. Dyer 214. 5 Co. 119. 2 Sid. 225. t Turner v. Felgate, 2 Sid. 125. Eaym. 73, 74. 1 Sid. 107. 1 Lev. 95. 1 Keb. 453, 478, 482, 488. 764 TERM. PASCH. 5 W. AND M. B. K. CARTHEW, 277. And the admittance of the surrendree shall have relation to the time of the surrender made, as well to defeat all mean acts...
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