case BURKITT widow versus BURKITT may Eq can ab pl S c a by will duly execute  devise a copyhold estate to his wife and on the day of his death order his  nephew to obliterate some devise but nothing as to the copyhold and then cause  a memorandum to be write that he approve of the will as obliterate but do not  republish it and order his nephew to carry it to one to write it fair and  before it be do he become delirious hold to be a good will and that the  copyhold pass William Burkitt rector of Dedham in Essex by will in write  attest by three witness devise to his wife a copyhold estate in bale afterward  the testator on the day of his death direct his nephew to obliterate some  devise but nothing as to the copyhold devise to Vernon chancery case his wife  and then cause a memorandum to be write that he have examine peruse and  approve of the will as so obliterate and alter by his nephew in his presence  but do not republish it in the presence of three witness vide on the head of  revocation of a will by a instrument insufficient to constitute a will ex part  the earl of Ilchester Ves in which the case on the subject and the doctrine in  its analogy to the rule of the civil law be state and investigate and from  which it appear to be the law that where nothing in the instrument of  revocation appear beyond the mere and direct purpose of revocation there a  instrument insufficient for a will or a appointment e g of a guardian shall  nevertheless be hold sufficient for revocation but where the intention to  revoke appear in such instrument be only to be discover through the medium of  another devise or appointment or where the revocation be express but be only  subservient to another purpose for which such instrument be incompetent there  that instrument shall not operate as a revocation but direct his nephew to  carry it to Mr Eldred to have it write out fair but before it be bring back  become delirious hold to be a good will and the trustee decree to surrender  accord so onion v tyrer post p wms SC Mr Cox note p there Limbery v mason all  common the word of the decree as to the above point be whereupon c this court  declare that the obliterations and alteration in the say will do not revoke or  make void such clause or part of the will which remain unaltered or not  obliterate and that it appear to be the intention of the testator that the  will with such alteration shall stand and therefore conceive the devise of the  copyhold estate to be a good devise and then decree the trustee to surrender c  Reg lib a fol vide stat car cap and it be clear that the stat of fraud do not  affect devise of copyhold but they pass by the surrender and not by the will  attorneygeneral v barn ux post Wagstaff v Wagstaff p wms attorneygeneral v  Andrews ves attorneygeneral v Sawtell atk Carey v askew bro Ch Rep Habergham v  Vincent bro Ch Rep Ves jun SC but it be former hold that though the copyhold  itself be not subject to the statute yet that the trust or equity of  redemption of the copyhold be subject Wagstaff v Wagstaff p wms but the  contrary be afterward decide by Hardwicke Lord chancellor in Tuffnell v page  atk better report Barnard Ch Rep where say the clause in the statute of fraud  which require Vernon chancery case er p the testator sign in the presence of  three witness and their attestation in his presence be confine only to such  estate as pass by the statute of will Henry VIII cap which be a act make to  explain one make in the saint of the same king and at the close of the three  section enact the word estate of inheritance in the former statute shall be  declare expound take and adjudge of estate of feesimple only which show plain  that it do not extend to customary estate yet where no custom to surrender to  the use of a will a customary freehold can only pass by a will attest accord  to the statute of fraud Hussey v grills Amb and even with respect to copyhold  that have be duly surrender where the testator himself point out the mode of  the surrender to be to use to be declare in and by his last will and testament  in write sign and publish in the presence of three or more credible witness  and the testator make a will not attest by any witness and thereby give his  copyhold hold the statute operate and they do not pass Godwin v Kilsha Amb