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A Lord to grant or allow a Coppy-hold, must be such a one, as by Littletons defi∣nition is seised of a Mannour, so that he must be in possession at the time of the grant, for although hee have good right and title, yet if he be not in possession of the Mannour, it will not serve: and on the other side, if hee bee in possession of the Mannour, though hee have
neither right nor title thereunto, yet in ma∣ny cases the grant and allowance of such a Coppy, is good as Donus de facto, sed non de∣iure. And in some cases a Coppy-hold shall be adjudged good, according to the largenesse of the state of the Lord that granted the same, and in some cases shall continue good for a longer time then the estate of granter was at the time of the grant. But that is to be understood in case of necessity, otherwise it will not be allowed.
If a man seised of a Mannour, in which are divers Coppy-holds demisable for lives, is deseased, and the desessor granteth a Cop∣py-hold, being voide, for three lives; this is not good to binde the Des∣seased, otherwise it is of a Coppy∣hold of Inheritance, because it is neces∣sary to admit the next heire.
If a man have a Title to enter into a Man∣nour for a condition broken, and he granteth a Coppy-hold of the same Manour (being void) at a Court Baron, this is a good grant, for the keeping of the Court amounteth to an entre in the mannour.
A man seised of a Mannour for life,
whereunto bee Coppy-hold Inheritance belonging, and one Coppy-holder Sur∣rendereth to the use of a stranger in Fee, the Lord may grant this in Fee, and this Grant shall binde him in the reversion, but the Coppy-holds being demisable for lives, it is otherwise, for then hee cannot upon Sur∣render grant the same, longer then the life of the Grantor. But if the Lord of a Mannour for yeares, or during the minority of a Ward, of which the Coppy-holds are demisable for three lives successively, and not servingly, in this case if the Coppyholder dyeth, the Lord may grant the same, being voide for three lives, at his pleasure, and this shall binde him in the Reversion, or the heire at his full age.