case waldoe against Francis BERTLET widow Michaelmas term James roll a  copyholder for life where the custom be that the wife shall have the estate of  which the husband die seize during her widowhood purchase the freehold and  inheritance of his copyhold and have it convey to a and his heir during his  life with remainder to himself in fee and then marry the wife dower be not  extinguish by this purchase and conveyance for the husband customary estate  remain undestroyed out of which the wife title be excrescent ante SC roll ab  SC hob SC roll Rep gilbert ten Cowp ejectment for land in Stockwood upon not  guilty plead it be find by special verdict that this land be copyhold parcel  of the manor of Stockwood and demisable for three life and that the custom of  the manor be that the first name in the copy shall have it during his life  only and so the other as they be name in the copy and that there be another  custom if any copyholder die seize have a wife at the time of his death that  his wife shall have it during her viduity and it be further find that John  Bertlet be a copyholder for life of that manor and viscount bindon lord  thereof feoff of that land I W and I n and their heir who in Elizabeth feoff  Jo white and his heir to the use of he and his heir during the life of the say  John Bertlet remainder to Helen wife of the say John Bertlet for her life  remainder to the say John Bertlet and his heir John Bertlet grant that  remainder to William Bertlet and his heir afterward Helen die John Bertlet  take to wife the defendant and die whether the wife shall have her widow  estate or not be the question it be argue on the plaintiff part that this  copyhold estate be destroy before her marriage and therefore she can claim it  for by the severance of the freehold from the copyhold of the manor it be not  any parcel of the say manor but utter destroy and this custom of the manor can  extend thereto for the custom be that if a copyholder die seize of any  tenement parcel of the manor and here these tenement be not parcel of the  manor therefore the custom can extend to they it be also say although this  grant of the freehold and severance thereof from the manor do not destroy it  if it have be grant to a mere stranger and without the privity and assent of  the copyholder because the lord act shall not prejudice the copyholder estate  as it be hold in murrel v smith a yet here forasmuch as it be by croak throw  his privity and consent as appear in that he take the remainder in fee and  grant it over to his son he be privy and thereby consent that it shall be  destroy it be also move that this purchase of the remainder be a destruction  of the copyhold for he can have a interest in the inheritance and also in the  copyhold it be also object that by the severance be before the a     see also  ante croak James er p defendant be marry to the say John Bertlet this custom  be destroy before she be entitle and she can claim although peradventure the  wife who be marry before that severance shall not be prejudice thereby but  notwithstanding these reason after argument at the bar it be resolve and  adjudge by the court for the defendant that she shall have it during her  viduity for the custom be continue as to her although the freehold be sever  from the manor for the lord act shall not prejudice the copyholder estate and  it be a privilege or benefit annex and fix by the custom to his estate that  his wife shall have it after his death which shall not be destroy as long as  the copyhold estate remain undestroyed and the copyhold estate here remain  notwithstanding the severance from the freehold and not only as a privilege as  it be allege to be but as a mere copyhold and notwithstanding the remainder be  in he and he grant it over yet he continue and die a copyholder and so his  wife shall have her widow estate wherefore it be adjudge for the defendant and  upon a case make thereof in the court of ware it be resolve by the two chief  justice and Tanfield chief baron that the copyhold remain