Field, C. J.
The defendant was a tenant at will of the plaintiff. The presiding justice rightly ruled that if the tenant did not give “a proper and legal notice sufficient to terminate said tenancy,” as the plaintiff did not accept the surrender of the premises, the tenancy at will was not determined by the tenant vacating the premises. Walker v. Furbush, 11 Cush. 366. Batchelder v. Batchelder, 2 Allen, 105. Whicher v. Cottrell, 165 Mass. 351. Pub. Sts. c. 121, § 12.
Exceptions overruled.