case dod against dod see grier v grier l r h l by marriage article it be agree  that pound shall be lie out in land and settle on the husband and wife for  their life remainder to such issue c as they shall appoint and in default of  appointment to the issue of their body on the death of the husband without  appointment hold the land shall be settle in strict settlement videlicet on  wife for life remainder to the first and other son in tail remainder to  daughter in tail remainder to right heir of husband see fearne count Rem  Cordwell v mackrill post lib Reg a foe nom dod v chamber at the roll that and  that June by article of the that of October on the marriage of doctor pierce  dod it be agree pound shall be lie out in the purchase of a freehold estate to  be settle on he for life remainder to his wife for life remainder to the use  of such issue of their body in such part and manner as dod ambler and his wife  shall by deed or write appoint and for want of appointment to the use of the  issue of their body remainder to the right heir of doctor for dod there be no  provision for young child doctor dod die without make any appointment and  leave his wife and three child two son and a daughter the pound be not lie out  in purchase of freehold estate but be invest in SouthSea stock and SouthSea  annuity bill by the old son to have the pound lie out accord to the article  and settle on he in tail remainder to his brother and sister in tail with the  reversion in fee to himself cross bill by the young child to have the land to  be buy and settle on they equal with the old son Q on the construction of the  article sir Thomas clarke master of the roll be of opinion that the land to be  purchase ought to be settle in strict settlement and limit to the first c son  in tail with remainder the daughter be dead without issue to the right heir of  doctor dod decree accord in the above cause a question arise whether by the  word all the rest of my estate and fortune in a will the copyhold estate of  which the testator be seize as well as his freehold estate pass and Mr comens  cite the case of Robinson v Fletcher Geo cite p W before Lord Hardwicke  chancellor where a person entitle to the trust of a copyhold devise all his  land and hold the trust of the copyhold do not pass and his lordship in give  his opinion observe that the word land or estate will not pass copyhold in  general unless there be some indication of the testator intention that  copyhold shall pass as where he have surrender his copyhold to the use of his  will and then devise all his land in such case the surrender be a plain  indication and the copyhold shall pass note his honour reserve the  consideration of this question and it be agree that until the pound shall be  lie out in the say purchase it shall be place out in stock or public fund in  the name of the trustee and that the interest thereof shall be pay to the  person to who the rend and profit of the say land will go when purchase the  decree direct the pound to be lie out in purchase of land in feesimple to be  settle to the use in the say article and it be declare that accord to the true  sense and construction of those article the plaintiff p dod be entitle to a  remainder in tail expectant and to take effect in possession on the death of  the defendant Elizabeth dod his mother and it be order that a limitation shall  be insert in the say settlement accord with remainder over to John dod  plaintiff young brother likewise in tail with remainder to Elizabeth dod in  tail with remainder to the right heir of say plaintiff father l r the daughter  be not dead see the decree above that the word issue in article be construe to  comprehend both male and female see heart v Meddlehurst atk see fearne  contingent remainder edn andsee Lord glenorchy v Borrislee can tempt Talb  meure v meure atk in disposition of personalty see tithe v Thurlston saint  haslewood v pope wms pound Elwell v Polhill in Ch pound Geo there must be a  plain indication Harris v Ingledew wms Gibson v style ambler er p before Lord  Hardwicke equity have construe general word so as to include copyhold with  respect to creditor but qure as between volunteer and heir at law haslewood v  pope p W ex part caswell atk Lindopp v Eborale bro c c Judd v Pratt Ves church  v Mundy Ves in Nichols v butcher Ves under a devise of all my real property  copyhold be hold to pass see Pennington v Pennington v b tendrill v smith atk  haslewood v pope p W bias v bias Ves Jongsma v Jongsma Cox Nicholls v butcher  Ves the follow note of the case of attorneygeneral v mott in chancery Geo  easter term be take from the ms in the possession of Mr round of Lincoln inn b  be seize of freehold and copyhold estate without make any surrender to the use  of his will devise to his wife all his real and personal estate of or her life  and then devise to the trustee of a charity and their successor for ever  whatever estate he have any where unbequeathed the testator heir at law who be  entire disinherit get admit to the copyhold estate the question be whether the  copyhold estate shall be subject in equity to the charity more be cite for the  charity Talbot Lord chancellor if the copyhold estate have be express devise  it have be good as a appointment within the stat of Elizabeth and perhaps may  have vest the legal estate but however the want of a surrender will then have  be supply though it be very hard equity shall assist against a heir at law  where he be total unprovide for but in this case it do not appear to be the  intention of the testator that the copyhold shall pass for the word of the  devise be sufficient answer by the freehold estate which be the proper and  most natural estate for the will to work upon and the word in the will  whatever estate I have any where unbequeathed show the testator intention to  refer to estate proper bequeathable and where equity have supply the want of a  surrender in favour of the creditor child unprovide for or wife yet it have  always be where the word of the devise may not be satisfy without extend they  to the copyhold estate and not as in this case where they must natural mean  such real estate as be devisable by will for where it be only ambiguous and  doubtful I will not take the benefit of the law from a heir entire unprovide  for and therefore as to the copyhold estate the bill be dismiss lib Reg b foe  nom solicitorgeneral during vacancy of a attorneygeneral v dovey mott and  other S c Eq can Abr see Addis v Clemens p W Lowther v Cavendish post Macree  and tall ante