case Godwin versus WINSMORE march the father of the plaintiff husband buy  customary freehold land which be convey to he and d and the heir of the father  who die after devise the land to his son in tail who die live d the plaintiff  lie the custom for the whole as her free bench Lord Hardwicke say this be a  demand of customary dower out of the trust of a freehold estate and dismiss  her bill a bill be bring by a widow for a customary estate in land at  Worcester the husband father buy the land which be convey to he and d and the  heir of the father the father die after devise the land to the husband in tail  d survive the husband atkins the custom be lie for the wife to have the whole  land as her free bench Lord chancellor it be a establish doctrine now that a  wife be not dowable of a trustestate colt v colt Charles Rep Bottomley v Lord  Fairfax pre Charles chaplin v chaplin p W Reynolds v miss and Robinson v  tongue cite ante vol Dixon v Saville bro Charles Rep vide hill v Adam ante  indeed a distinction be take by sir Joseph Jekyll in bank versus Sutton p W in  regard to a trust where it descend or come to the husband from another and be  not create by himself but I think there be no ground for such a distinction  for it be go on supposition which hold on both side and at the latter end of  the report sir Joseph Jekyll seem to be very diffident of it himself and rest  chief on another point of equity so that it be no authority in this case but  there be a late authority in direct contradiction to the distinction  abovetaken in bank versus Sutton the case of the attorney general versus Scott  before Lord Talbot Cas in Eq in Lord Talbot time in Vernon case Rep a wife be  hold not to be dowable of a use before the statute I think the wife here can  have the customary dower the only case for the plaintiff be Otway versus  Hudson vern there it be free bench and be so call here but appear plain to be  only customary dower free bench be mere a widow estate in such land as the  husband die seize of not that he be seize of during the coverture as dower be  there be many circumstance in the case in vern and it be decree on the  endeavour of the husband to set the legal estate surrender and refusal of the  trustee and ground on his wife but as to the general doctrine at the latter  end that be not warrant by the decree the demand here be of customary dower  out of the trust of a freehold estate the legal estate stand out in d Lord  Hardwicke dismiss the bill but without cost