case simpson against southern Hilary term James roll if a surrender be make of  a copyhold to the use of a child en ventre sa mere in fee and if the child die  before full age or marriage then to the use of I S his heir and assign the  surrender to the use of I S be void SC roll Rep SC Bulst roll ab   light cro  Elizabeth   Leon Leon godb Bac Abr sand gilbert ten ld raym trespass de  enclosed space to break in pieces in Ellington upon not guilty plead and  special verdict it appear that the place where be copyhold parcel of the manor  of Ellington demisable in fee and that Richard simpson be a copyholder thereof  in fee and in Elizabeth surrender the say close habendum a tempore death  predict Richard simpson ad opus et use of his child then in ventre sa mere and  of his heir and assign for ever and if it happen that the child die before his  full age or marriage then I do surrender the say land to the use of my cousin  John simpson and his heir and assign that Richard simpson die that his wife  have issue by he Joan who be the child en ventre sa mere at the time of the  surrender that the say Joan die within two month after that the say John  simpson be afterward admit to hold to he and his heir that afterward Elizabeth  Spink who be heir to the say Joan and sister and heir of Richard simpson be  admit and enter and let to the defendant for three year the defendant enter  the plaintiff bring trespass et si sup totan means the court shall adjudge for  the plaintiff they find for the plaintiff if otherwise for the defendant after  diverse argument at the bar the court resolve for the defendant first that  this surrender habendum after death to the use of another and his heir be mere  void for a copyholder in fee can surrender habendum after his death no more  than tenant in fee can convey his land habendum after his death for then he  shall leave particular estate in himself which be against the rule of law and  there be not any difference betwixt a copyhold and freehold as to that purpose  and coke chief justice easter term say that Elizabeth in one clamp case in  this court it be adjudge that such a surrender of a copyhold habendum after  his death be void and it be adjudge also in Hogg v cross a that a lease for  life habendum after his death and livery be make secundum form paper be mere  void second they resolve that this surrender to the use of John simpson and  his heir if it happen that his child en ventre sa mere die within age be mere  void for he can make such a conditional surrender to operate in future  wherefore the defendant claim from the heir at the commonlaw have a good title  and it be adjudge for the defendant a Plowd   light b croak James er p