case scott vers ALBERRY enter trin geo rot a devise of all his estate  whatsoever comprehend all that a man have real or personal and when there be a  surrender to the use of his will a copyhold estate will fall under the same  construction Eq Abr pl SC atk burr burr vin Abr title devise t a pl this be a  action of ejectment upon the demise of John scrape for land in Walthamstow in  the county of Essex the defendant plead not guilty and at the Essex assize  before justice powis a special verdict be find to this effect that James  scrape be seize in fee of the land in question be copyhold hold of the manor  of Waltham holy cross and on the that of June make a surrender in the court of  the say manor ad tale use intention proposita qual fuer or to bore per  testament ult will svan in script bound declare known express that he make his  will on the that of may and thereby devise in these word as touch the worldly  estate it have please God to bestow upon I I give the same in manner follow  item I give to my cousin Thomas scrape all that my parcel of land lie in  Waltham abbey be the land in question item I give to my say cousin Thomas  scrape my wear apparel linen book with all other my estate whatsoever and  wheresoever not herein before give and bequeathe and he the say Thomas scrape  I make the sole executor of this my will for perform the same comens Thomas  scrape be admit and afterward devise to the lessor of the plaintiff and his  heir and if Thomas scrape by this devise have a estate for life or in fee be  the question and the court take notice that by this special verdict it be not  find that the defendant have any title as heir at law or otherwise and then  the lessor of the plaintiff be admit he ought to recover against he who have  no title and this be admit by the counsel for the defendant and therefore he  will have move to amend but be restrain by this doubt in point of law comens  er p and therefore the court hear counsel as to the question on the will and  sergeant Selby argue that Thomas scrape have by this devise a estate in fee  for it appear that the testator intend to dispose of all his estate as to the  worldly estate c I give the same as follow and though a devise to a man  general passes only a estate for life yet when the devisor add that he intend  he all his estate whatsoever and wheresoever this carry he a fee where a man  devise all his estate to his wife it be adjudge she have a fee style a roll S  so Mod so in the case of the earl of Bridgwater vers the duke of Bolton a  devise of all his real and personal estate be hold a fee salk holt Mod Eq Abr  pl b so in Hopewell and above p c ackland salk the devise be of his manor of b  if his daughter die without issue to his brother and his heir item I give to  my brother all my land tenement and hereditament item I devise all my good  chattel money debt and whatsoever else I have in the world not before dispose  of to my brother a pay my debt and legacy and though the last clause be couple  with personal thing yet it be resolve that these word whatever else I have in  the world give the fee and inheritance of all his estate to which the counsel  for the defendant answer that the case mention be consistent with the present  case though the devise to Thomas scrape shall be construe only a estate comens  for life for by the case roll it appear that the devise be of all his estate  to his wife pay his debt and legacy and that his debt amount to and his  personal estate but to and then without doubt it will be a devise in fee so  the case Mod be that I reeves by his will say I hear I reeves be inquire after  my death but I be resolve to give he nothing but what his father have give he  by his will I give all my estate to my wife and the resolution in this case be  find upon the antithesis in these word I be resolve to give nothing to I  reeves who probable be his heir at law so in the case of the earl of  Bridgwater salk Mod the court take notice of the word all my estate real and  personal for holt say the word estate be nomen generalissimum which be  subdivide into two species real and personal and therefore when be enumerate  both species though the word be conjoin with personal thing all passes but  there it seem to be agree that if the estate have be mention general be couple  with chattel only nothing will have be comprise but the personal estate and  therefore the case cro car above p a be urge by the counsel for the heir at  law where a man devise all the residue of his good lease mortgage estate debt  householdstuff bind and other thing whatsoever of which he be possess to his  wife and it be resolve that his mortgage in fee pass to her but for life and  this case be agree to be law for the word estate be mention without the  difference of estate as here Mod so the case of Hopewell vers ackland be find  upon this reason that the testator have give to his brother all his good  chattel and debt which comprehend all his personal estate and therefore when  he add whatsoever else I have in the world that import something more than his  personal estate and there he devise many legacy in fee for charity and  therefore when he devise to his brother he pay his debt and legacy it be  probable that he intend the inheritance for he who be to pay the charity for  ever comens and therefore it be urge that the present case go far than the  case mention for here he give only his apparel linen book with his other  estate which must be construe with his other estate of the same nature and not  a estate of a high nature monastery college c surrender or forfeit or which by  other mean shall come to the crown do not extend to those which come afterward  to the crown by Act of parliament so college dean and chapter c and other  ecclesiastical person by the statute stat Elizabeth c S a Elizabeth do not  extend to bishop   a then here the estate be copyhold which passes by the  surrender not by the will and when he surrender to such use as shall be  declare and express by his will and in the clause by which he devise the  copyhold he give it to Thomas scrape only without say any thing of his heir it  will be a force construction that comens er p the word with my other estate  not before bequeathe shall enlarge the estate before express limit to Thomas  scrape and after these word he add and he I make my executor for perform my  will which word import that he intend nothing for he by this clause except  such estate as belong to a executor but the court hold that when be give all  his estate whatsoever that comprehend all that he have real or personal estate  and when he have surrender to the use declare by his will the will shall have  the same construction as if it have pass the land itself Adjornatur but  afterward the plaintiff be admit to take judgement