case gibson against style LincolnsInnHall July a mortgage his freehold and  copyhold estate and surrender the copyhold to the mortgagee afterward be make  his will and devise his manor message farm land tenement and hereditament in  trust to pay debt and after to c for life remainder to d in fee and die and  the Lord chancellor on bill bring by the creditor and c and d seem to think  that as the copyhold be not name in this devise in case there shall be any  surplus after debt pay it will go to the heir at law but reserve this point  though be say devise by a mortgagor or beneficiary and trust will be good  without surrender of copyhold because such surrender can not be have the  testator Haskyn style be seize of several freehold and copyhold land mortgage  both for secure the repayment of a large sum of money and accord modern report  er p surrender be make of the copyhold estate to the mortgagee Haskyn style  then make his will and devise his manor message farm land tenement and  hereditament to a trustee in trust in the first place for the payment of his  debt and then in trust to a for life remainder to b in fee the trustee die in  the life of the testator whereupon after the death of the testator the land  descend to d his heir at law subject however to the trust of the devise and  upon a bill bring by the creditor and by a and b against d the heir at law to  have a execution of the trust the question be whether upon such general word  in a devise copyhold land will pass case cite Eq Cas Abr Ross v Ross and see  Eq Abr pl vern Hardwicke Lord chancellor I have some doubt upon this devise  whether the copyhold pass for if they do the heir at law will be disinherit it  be clear that if a man be seize of freehold land and of the legal estate of  copyhold one and make a general modern report devise of all his manor message  c and make no surrender to the use of his will the copyhold land will not pass  a see Brunker v cook Mod ibbot v Cowling term Rep a but it be say a surrender  be out of the present case for as the testator be only seize of a equity of  redemption in the copyhold land and have no legal estate it be out of his  power to make a surrender and I must admit that it have be determine that  where a person be only a beneficiary and trust of a copyhold and the legal  estate be in a trustee or where a person have only a equity of redemption of a  copyhold the estate at law be in the mortgagee a express devise of the  copyhold estate by the beneficiary and trust or mortgagor will pass the  copyhold estate without a surrender for that be impossible to be make and such  a devise will bind a trust or equitable interest but this be neither of the  case for though Mr Haskyn style have only a equity of redemption in the  copyhold which may pass by a devise yet he have make no express devise of it  but be only make a general devise of all his manor message c without any  direct mention of copyhold land so that this be not very clear whether the  devisor intend to include his copyhold estate his freehold land be sufficient  to satisfy the word of his will but undoubted in relation to creditor the  court will make a sufficient construction to include the copyhold if the  freehold land shall fall short of satisfy they but if there shall be a surplus  of the copyhold estate after a discharge of the mortgage the question will be  whether such surplus shall go to a and b who be volunteer in prejudice and  disherison of a heir at law and I do not know any case where a copyhold estate  have be construe to be include in such general word of a devise where the  question have be between a volunteer and a heir at law but this point must be  reserve