case edward allen versus henry arm februar Lord chancellor a voluntary  surrender of copyhold land make by a man in his sickness in favour of the  nephew of his first wife and out of respect to her memory she be dead without  issue good against his second wife and her child by the second marriage who  claim under a settlement of those land make on such second marriage after  recovery of that sickness the plaintiff Allen be a servant to the defendant  grandmother marry one of her daughter who bring he a portion of pound with  part of which he purchase the copyhold land in question which be surrender to  the use of the plaintiff and his wife and the heir of their two body the  remainder to himself in fee the wife soon after die without issue and the  plaintiff with respect to her memory and in kindness to the defendant her  nephew do voluntary surrender the land to the use of himself for fife with  remainder to the defendant in fee and the defendant be admit to the remainder  in fee and pay pound fine the plaintiff afterward marry again and his bill be  to be relieve against this surrender as obtain by surprise and without  consideration the cause be at issue but no surprise prove the bill abate by  the death of the plaintiff and defendant both and Vernon chancery case the  plaintiff wife in behalf of herself and her son by he bring her bill in the  nature of a bill of revivor suggest a settlement on her marriage of the  copyhold land upon her and her issue against the defendant widow who claim by  surrender from her husband and upon the hear no surprise be prove it be insist  for the plaintiff that the surrender be make as indeed it be by the plaintiff  husband in the time of his sickness and therefore it must be intend by he not  to bind in case he recover of that sickness it be mere voluntary and that his  intention appear so by his have after his recovery settle the same before his  marriage on the plaintiff his second wife and their issue who be to be take to  be purchaser and ought therefore to be relieve against that voluntary  surrender Vernon chancery case er p but the Lord chancellor declare he see no  equity in the case nor can he infer any intention by any circumstance in it  contrary to the surrender and therefore dismiss the bill there not appear any  fraud or trust in the case that such intention may be infer from circumstance  vide ware v Lant pre Ch