case bank versus denshaw and other December a testator say in his will I give  all and every my freehold and copyhold message to a and b have surrender the  copyhold part thereof to the use of this my will he have two copyhold one of  which he have surrender the other not it be clear his intention that both  shall pass and be a devise to a young child total unprovide for the court  direct the heir at law to surrender it to the same use as be declare by the  will see hawkyns v leigh atk and note SC Ves a question arise in the cause  whether the court will supply the want of a surrender of some part of copyhold  land belong to the father in favour of the plaintiff atkins er p a young child  the father who be the testator have two copyhold estate one of which he have  surrender to the use of his will and the other he have not it be argue for  supply the want of the surrender that the testator intention be plain that all  his freehold and copyhold estate shall be subject to the trust of his will  under which the young child claim and that the young child be otherwise  unprovide for the court will support the intention of the testator as to the  fund for answer this and the other charge create by the will atkins on the  other side it be argue that the testator have surrender part and thereby show  that he be apprehensive of the necessity of surrender his copyhold estate that  he intend shall be subject to his will to the use of such will exclude any  argument from intention that the whole shall pass and rather favour a argument  that he intend no more shall pass than he have surrender and the case of  Barker versus Barker before Lord Hardwicke be cite where part of the testator  estate consist of the king of Bohemia head on Turnham green be copyhold and  the great part thereof lie in a manor where the testator have make a surrender  to the use of his will but t remainder a small part in another manor in which  no surrender be yet the court refuse to supply a surrender in that case though  so apparent inconvenient and destructive to the estate Lord chancellor the  court ought to supply the want of a surrender in the present case the word of  the will be as strong as can possible be to show the testator intention that  the whole shall pass also I give all and every my freehold and copyhold  message to a and b have surrender the copyhold part thereof to the use of this  my will which be in a parenthesis be but in the nature of a recital and as  such consider only as a mistake and not descriptive of what the testator  intend shall pass as be the case in Barker versus Barker December ante S c Ves  SC cite which very unwilling determine as I do the word there be which  copyhold premise I have surrender these be restrictive word and bind the court  to judge on what we re surrender suppose the testator have in his will say  whereas I have surrender my copyhold to the use of my will now I do c and  there have be no surrender it will have be supply in favour of young child  legatee or of creditor beside in the present case the subsequent part of the  win put the matter out of all doubt as to the testator intention if that be  not sufficient plain before as he think it be where the testator go on but my  will be that the say copyhold part shall be subject to the payment of pound  due on a mortgage of part thereof now this must be mean the whole copyhold  part of his estate because the pound mortgage be on the part of the copyhold  which be surrender upon the whole I be clear on the manifest intention of the  testator express in his will that the surrender shall be supply and direct the  heir at law who be also the customary atkins heir to surrender the same to the  same use as be declare by the testator will but such surrender to be at the  cost of the plaintiff Reg lib b fol