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Lex custumaria, or, A treatise of copy-hold estates in respect of the lord, copy-holder wherein the nature of customs in general, and of particular customs, grants and surrenders, and their constructions and expositions in reference to the thing granted or surrendred, and the uses or limitations of estates are clearly illustrated : admittances, presentments, fines and forfeitures are fully handled, and many quaeries and difficulties by late resolution setled : leases, licences, extinquishments of copy-hold estates, and what statutes extend to copy-hold estates are explained : and also of actions by lord or tenant, and the manner of declaring and pleading, either generally or as to particular customs, with tryal and evidence holder may recieve relief in the Court of Chancery : to which are annexed presidents of conveyances respecting copy-holds, releases, surrenders, grants presentmets, and the like : as also presidents of court rolls, surrenders, admittances, presentments, &c.
Carter, Samuel, barrister at law.
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Of a Surrender to take effect in futuro.

A Surrender of a Copy-hold in Fee, a tem∣pore mortis, is void, 1 Sanders 151. Or a Surren∣der at a day to come is void.

Copy-holder in Fee Surrenders out of Court, into the hands of two Tenants in Writing, as follows.

Page  117Memorandum, Such a day and year, A. S. the Copy-holder, Surrenders the Land, &c. to the Use of B. and C. &c. This Surrender not to stand and be of force till after the decease of A. S. Per Cur. If this Memorandum should be good, then this had been a Surrender at a day to come, and consequently void, and therefore the Surrender being perfect before, by the first part of the Instrument, this Memorandum shall not make it void, but the Memorandum shall be void, 2 Rolls Abr. 61. Seagood and Hone. And the Reason is given in Simpson and Southern's Case, Cro. Jac. p. 376. A Copy-holder cannot Surrender an Estate to another, and leave a particular Estate himself, no more than a Free-holder, for so the Surrenderer should have a particular Estate in him without a Donor or Lessor, which by the Rule of Law cannot, be, March. Rep. 177. Bambridge and Whitton; therefore Noy, p. 152. is not Law, Vid. 1 Roll Rep. 135.

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