case barbara otway widow and executrix of roger otway versus henry hudson John  mill thomas Fenwick whether dove mary warner all Lord keeper Feb Eq can ab pl  S c a be tenant in tail of the trust of a copyhold estate with remainder over  and trustee refuse to surrender the legal estate to he he bring his bill for  that purpose and pen that suit go to the lord court and offer to surrender but  be refuse not have the legal estate and thereupon he make his will and give  the estate to his wife and child decree the estate to go accord to the will  the court conceive the will sufficient to bar the entail of a trust Thomas  Otway be seize of three copyhold message hold of the manor of tineman in the  county of Northumberland surrender to trustee to the use of himself for life  remainder to Susanna his wife for life remainder to the heir of their body and  in default of such issue the say trustee be to surrender to such other trustee  as he shall by will appoint to such use as shall be therein mention may he  make his will and thereby direct his trustee to surrender Vernon chancery case  to Hudson and mill in trust to permit John Otway and the heir of his body to  take the profit remainder to Roger Otway the plaintiff late husband in tail  male remainder to John dove in tail male remainder to his own right heir and  short after die John Otway also die without issue and Susanna the wife of the  testator be also dead Roger Otway the plaintiff late husband request the  trustee to surrender to he in tail male which they refuse Roger Otway bring a  bill to compel they to surrender to he and they put in their answer thereto  but before any further proceed Roger Otway die but pen that suit he go to the  lord court and desire to be admit to surrender which be refuse because the  legal estate be in the trustee matter stand thus Roger Otway make his will and  devise the premise to his wife for life remainder to her child by a former  husband and their heir subject to the payment of his debt the plaintiff bill  therefore be that whereas by the custom every widow of a copyholder be entitle  to her free bench 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  Godwin v Winsmore atk where the custom be lie for the wife to have the whole  land as her free bench and she shall not have free bench of a trust estate of  a copyhold Forder v wade bro c c as to the power of husband to bar widow of  her free bench it appear that any act for valuable consideration in equity e g  a covenant be equivalent to bar with a surrender at law brown v Raindle Ves  and case there refer to Musgrave v Dashwood ante contra note there be in  equity this distinction between actual assignment and a mere voluntary  covenant to assign that equity will not construe such a covenant beyond the  letter base v grey Bart post or widow estate and although the husband have not  the legal estate yet be tenant in tail of the trust and endeavour to have have  the estate at law surrender to he and although the trustee refuse so to do in  favour of the remainderman yet that ought not to turn to her prejudice and the  bill likewise pray relief upon the will of her husband by which as far as in  he lie he have devise the premise in manner above mention the defendant dove  and Warner as coheir to the testator insist the entail be never well bar and  that they be well entitle per cur decree the estate to go accord to the will  of Vernon chancery case Roger Otway he have endeavour to get in the legal  estate to the intent he may have make a regular and proper surrender but the  trustee refuse to comply he bring a bill to enforce they and repair to the  lord court and make or tender to make such surrender as he can and have devise  the estate to the use and purpose in his will the Lord keeper conceive that  sufficient to bar the entail of a trust Reg lib fol note Roger Otway be in  possession and receipt of the rend and profit till his death as to cost none  be give on either side unless he defendant shall put the plaintiff to the  trouble and charge of enrol this decree but in case they shall so do they be  to pay unto the plaintiff the cost of this suit to be tax where there be no  particular method in the lord court for bar of intails which there do not  appear to be in the principal case r l a general or common surrender be  sufficient even where the entail be of the legal estate as to this position  vide Godwin v Winsmore atk where Hardwicke Lord chancellor be report to say  after state the ground of the decree but as to the general doctrine at the  latter end I e it be presume the above mention position that be not warrant by  the decree say vide this subject very full discuss in more v more ves latter  part car v singer c b ibidem p and the case there respective refer to from  which it appear that the doctrine that a surrender though only to the use of  the will will be sufficient to bar without a custom be full establish although  will chief justice in the above mention case of car v singer be of opinion it  be against the law but three justice against he this be certain however not  consider former as the law vide   Litt b and particular not there note three  way of bar be mention in the argument of birch justice in car v singer saint  recovery in the lord court d surrender d forfeiture and regrant a custom to  bar by surrender may be concurrent with a custom to bar by recovery everall v  Smalley will stram do v trubi Blac Rep do v Ossingbrooke bing the widow of the  beneficiary and trust of a copyhold estate ought to have her free bench or  widow estate as well as if the husband have have the legal estate in he there  it may be say that knight sequitur law and the case of Sweetapple and bindon  ante p et vide the not there be for that purpose cite where money be to be  invest in land and settle on the wife and the heir of her body she marry and  have issue but die before the money be lie out and invest in land the husband  her survive the Lord keeper decree he shall have the interest of the money for  his life as he must have have the profit of the land if it have in his wife  lifetime be lie out and invest in land accord to the trust and that he ought  to be tenant by the courtesy of a trust as well as of a legal estate Vernon  chancery case er p Vernon chancery case de boundary paschae in curian porter