case Greenhill versus Greenhill all discuss and not follow Torre v brown h l c  vern S c Eq Abr pl S c wms brown Rep a desire b to purchase a estate for he b  accord the that of April enter into article for the purchase of a estate part  of which be customary land and covenant to pay the purchasemoney on Michaelmas  follow when conveyance be to be execute and possession give in June a make his  will and thereby devise all his personal estate to be sell and the money to be  lie out in the purchase of land to be settle on I S and devise to he likewise  all his land of inheritance have no other than those agree to be purchase a  die before any conveyance execute but without any new publication of his will  the land pass by this devise and no surrender necessary of the customary land  a have only a equitable interest in they this cause come on upon a appeal from  a decree make by my Lord chancellor Cowper and the case upon open appear to be  this one Greenhill desire Mr young to purchase a estate for he of about or  pound value in such a place and Mr young meeting with a estate which he think  will answer expectation agree for the purchase of it and thereupon by article  date that April between the vendor and their wife of the one part and young of  the other the vendor agree to deliver possession at Michaelmas follow and to  execute sufficient conveyance thereof and young covenant to pay the  purchasemoney at Michaelmas when possession be deliver in June afterward Mr  Greenhill for who this estate be purchase make his will and thereby devise all  his personal estate to be sell and the money precedent in chancery to be lie  out in the purchase of land to be settle together with his freehold estate on  the plaintiff and in another part of his will devise all his land of  inheritance to the plaintiff and their heir at Michaelmas follow possession be  accord deliver to young and the money pay but conveyance be not execute till  about a year after then Greenhill die without any new publication of his will  and the plaintiff bring this bill again t young and the heir at law to have  conveyance execute to they pursuant to the devise some part of the estate be  custodian and lie in Cornwall and by the custom there a surrender to the use  of his will be necessary to pass such land though otherwise they pass by lease  and release as land at commonlaw and so be not copyhold the defendant young by  his answer confess the trust and the question upon this case be whether this  will be sufficient to pass the trust of these land and my Lord chancellor  Cowper decree it be but now it be argue by sir Joseph Jekyll and Mr how that  this decree ought to be reverse they take a distinction between a agreement  for the immediate purchase of land and such agreement for the future purchase  thereof as this be they agree that if the article have be for the present  purchase of these land that the vendor have be a trustee present for the  purchaser and then such devise of they have be good in equity but here the  possession be not to be deliver till Michaelmas follow nor be any money to be  pay before that time and then the purchaser precedent in chancery er p have no  power to devise they soon no more than a devise of land which a man shall  after purchase will be good as have be settle in the case of Bunker and cook I  salk and Eq Abr S c which be adjudge in b b and c b and afterward affirm upon  a writ of error in the house of lord so if a man lad a judgement or statute  against another though this will bind the land of freehold or inheritance from  the time of precedent in chancery the judgement give or the statute  acknowledge yet the conuzee of the judgement or statute have no such interest  as he can devise before execution actual take out it be likewise urge that  these customary land can not pass by the will for want of a surrender previous  thereto but it be argue on the other side by Mr solicitor general and Mr  Vernon in support of the decree that these land be bind immediate from the  execution of the article that the possession not be to be deliver till a  future time make no difference in equity that if Mr Greenhill have die before  Michaelmas the equity will have descend to his heir and that the heir may have  bring a bill against Mr greenhill executor to compel the payment of the  purchasemoney out of the personal estate that in this case the money be bind  by the covenant and if the plaintiff shall not have the land they will lose b  that money and land too for if the money have be at liberty that will have  pass by this will to the plaintiff but now that be bind by the covenant if  they can have the land they must lose both that this case be quite different  from the case of Bunker and cook because here the land be immediate bind by  the article and be in equity as much the testator as if he have be immediate  let into possession and as to the customary land no surrender be necessary  with Douglas for even in case of copyhold though to pass the land themselves a  surrender to the use of his will may be necessary yet the Cestuique trust can  make no such surrender for he have no estate in the land and if copyhold land  be in mortgage yet the mortgagor may devise the equity of redemption without  any surrender for he have no estate in they whereof to make any surrender and  for this point the other side give it up precedent in chancery Lord keeper say  he see no reason to vary this decree he think such future interest be  devisable as well as if it have be in possession and that the land and money  be mutual bind by the article and that the heir may have compel the executor  to have pay this money in case there have be no will andtherefore affirm the  decree note it do not appear in this case that the testator have any other  estate of freehold or inheritance and therefore the devise in such manner  sufficient to describe this estate so as to carry it by the will