mainder in fee, on the death of the said Mary, to the same premises: and he paid his fine. 1832. The Dean' of ELY v. CALDECOT. 22d of April 1771, William Newton, and Alice his wife, and Chapter admitted to them and the longer liver of them, and the heirs of the said Alice, under the will of John Evans, to a messuage, rent 2s. 1d.; and seven acres two roods of fen, rent 1s.; and three acres and a half of fen, rent 1s. 3d.: and they paid their several fines. 25th of May 1807, William Newton admitted in fee, as eldest son and heir at law of said Alice, to same premises and he paid his fine. 18th of May 1708, Mary Roper admitted for life, under the will of John Roper, to a messuage: et fec. fin. 27th of April 1721, William Roper admitted in remainder in fee to said premises, after the death of said Mary Roper, under the same will: et fecit fin. 3d of October 1808, Mary Willett admitted for life, under the will of Anthony Willett, with remainder over, as in the said will mentioned, to a large estate: and she paid her fine. 31st of October 1821, Anthony Willett, for life, under the same will, and after the death of the said Mary Willett, then late Mary Murrell, to the same estate, with the remainder over, as in the said will is mentioned: and he paid his fine. 29th of April 1730, Elizabeth Holmes admitted for life, under the will of her husband, Christopher Holmes, to a cottage, rent 1., and a piece of ground, rent et fecit sepal. fin. l.: 10th of April 1744, Elizabeth, the wife of Robert Holmes, and daughter of the said Christopher Holmes, admitted in remainder in fee, on the decease of the said Elizabeth Holmes, to said cottage and piece of ground. 27th of April 1732, Susannah Harding admitted for 1832. The Dean life, under the will of her husband, John Harding, to three acres two roods of arable land, twenty acres in and Chapter New Fen, and six acres in Stallode, a tenement, and four acres of marsh, called Coat's House: et fecit sepal. fin. of ELY ข. CALDECOT. 7th of October 1751, Robert Harding admitted in remainder in fee, after the death of Susannah Harding, his mother, to the above six acres in Stallode. 8th of April1 782, Thomas Tunnell, for life, under the will of John Tunnell, to a messuage, a messuage and yard, eight acres in New Fen, four acres in White Fen: and he paid his fine. 20th of May 1807, Simeon Mary Stuart Tunnell admitted in remainder in fee, on the death of said Thomas Tunnell, under the will of said John Tunnell, to said four acres in White Fen: and he paid his fine. 28th of April 1671, Phillis Hanslip admitted for life, under the will of William Hanslip, her husband, to one acre of arable land, in Middle Field, called Butcher's Acre, and three single half acres of arable land in South Field; and John Hanslip to the remainder in fee: et admissi sunt inde ten. et fec. fin. 24th of April 1695, John Hanslip admitted in fee in remainder, after the death of said Phillis Hanslip, under the said will, to same premises: et fec. finem. 4th of October 1734, Hammond Eagle admitted for life, under the will of Edward Eagle, to thirty-two acres of fen-land and he paid his fine. : 6th of May 1740, Edward Eagle admitted in fee, after the death of said Hammond Eagle, to the remainder, under the same will, to eight acres, part of said thirtytwo acres: and he paid his fine. 25th of May 1807, Elizabeth Payne, for life, under the will of Thomas Payne, her husband, to a messuage and barn, and eighteen acres, one rood, and twenty perches of arable land and she paid her fine. Same court, court, said Thomas Payne, the son, admitted in remainder expectant on the decease of said Elizabeth Payne: and he paid his fine. 20th of April 1632, Agatha Last admitted, on the surrender of John Last, to the reversion, when it shall happen, after the death of Alicia Morley, of three roods of land in Short Bryan, and the reversion of thirty acres of arable land, late Lincolns; and the reversion of thirty acres of arable land, late Bakers; et fec. sepal. fin. et de sepal. Rev. con. fidce. ; 20th of May 1717, John Lamming and Mary Roper, his intended wife, admitted, on the surrender of said John Lamming, to fourteen acres of marsh, rent and to eight acres of marsh in Stallode; and half an acre of marsh in New Fen, to hold to said John Lamming and his heirs, until the solemnization of said intended. marriage, with remainder to them for their natural lives, and the life of the longer liver of them, with remainder to the right heirs of the said John Lamming : et fec. sepal. fin. 23d of April 1711, Thomas Hinson and Ann, his wife, admitted for their lives, and the life of the longer liver of them; with remainder to Thomas Hinson, son of said Thomas and Ann, his heirs: et fecer. fin. et admissi sunt. On the part of the Defendant the following extracts from the court rolls were also read in evidence: Anno 1626, John Outlaw and Margaret, his wife, surrender to the use of Nicholas Outlaw and Helen, his wife, for their lives, and the life of the survivor; and, after the decease of the survivor, to the use of Thomas Morris, his heirs and assigns. Nicholas Outlaw and Helen, his wife, thereupon admitted for life, and Thomas Morris remainder in fee. Et dant. dmo. de fine. Anno 1633, Richard Whistler, senior, and Alice, his Gg 4 wife, 1832. The Dean and Chapter of ELY V. CALDECOT. 1832. wife, admitted for life; and Richard Whistler, junior, and Bridget, his wife, to the remainder in fee: et adand Chapter missi sunt inde tenentes, et fecerunt dmo. finem. The Dean of ELY v. CALDECOT. Anno 1641, Elizabeth Spicer admitted for life; William Spicer to the remainder in fee: et admissi sunt inde tenentes, et fecerunt dmo. finem. Anno 1662, Mary Fuller admitted for life; John Furman to the remainder in fee: et admissi sunt ind. tenen. et fec. finem. Anno 1671, Phillis Hanslip, under will of William Hanslip, admitted for life; William Hanslip, the son, to the remainder in fee: et admissi sunt inde tenen. et fec. finem. Anno 1762, Mary Morley admitted for life; Edmund Morley to the remainder in fee: et admissi sunt inde tenen, et fecerunt finem. Anno 1709, Robert Secker and Maria Secker admitted for life; and Jane Secker to remainder in fee: et admissi sunt inde tenentes, et fecer. fin. Anno 1790, Elizabeth Gathercole admitted, under the will of John Gathercole, for life; Ann Gathercole to remainder in fee: and they paid their fine.. Anno 1702, William Fuller admitted, on surrender of Samuel Hall, to eight acres of fen, or marsh ground, to use of said William Fuller and his assigns, during the term of his natural life; and from and after his decease, to the use of Thomas Fuller, his son: et fec. fin. Anno 1738, presented that the last-named Thomas Fuller died seised of said premises, and that Thomas Fuller was his eldest son and next heir; who was thereupon admitted, and paid his fine. 4th of October 1818, John Caldecott admitted, under the will of the Rev. John Barnes, to hold unto the said John Caldecott and his assigns, for and during his life, with remainder as in the said will is mentioned: and he paid his fine. It was agreed that the Court should be at liberty to 1832. The Dean draw any conclusion of fact as to the existence or nonexistence of any special custom within the manor; and and Chapter of the extent of such special custom as they might think the jury ought to have drawn. Storks Serjt. for the Plaintiff. By special custom a full fine may be claimed for the admission of a remainder-man, in addition to the fine for the particular tenant. Whitbread v. Jenny. (a) And there is sufficient evidence in this case to shew the existence of the custom in the manor of Lakenheath; for there are many instances of fines paid by remainder-men, and it is an inference of law, that where parties pay a fine, they pay a full fine. Where there is no custom, the admittance of tenant for life is the admittance of him in remainder. Tipping v. Bunning. (b) The entries, therefore, of admissions of so many remainder-men is conclusive to shew the existence of the custom, the fine due to the lord being payable after admittance. Rex v. Hendon (c), Graham v. Sime (d), Hobart v. Hammond. (e) A single instance, however, is sufficient to establish such a custom. Doe v. Mason (g), Bennet v. Jeffery. (h) The Plaintiffs, therefore, having claimed their fine under the special custom, and the inference being, that upon payment of fines by remainder-men, the whole that was due was paid, it is for the Defendants to shew that payment to such extent did not take place. Wilde Serjt. contrà. What shall be the effect of admittance to a copyhold, and the amount of fine, if any, to be paid thereon, must depend upon the custom of (a) 5 East, 522. 1 Bac. Abr. 735. (b) Moor. 465. (c) 2 T. R. 484. (d) 1 East, 631. each of ELY V. CALDECOT. |