case park against wilson S c Mod S c Eq Abr a and b brother and sister b the  sister have issue two daughter and one son call Anthony a the brother be seize  of a estate of copyhold and intend that not his sister who be his heir at law  but Anthony her son shall have the land resolve to surrender it to the use of  his will and devise it to Anthony but the officer of the court be out of the  way and a surrender not practicable the mother consent to enter into a bind to  her son that she will at any time upon the payment of two hundred pound and  upon the request of Anthony her son surrender the estate to he this bind be  execute in November about which time a die after his death Anthony the son  receive and enjoy the rend and profit of the estate during the life of the  mother but no surrender be ever make by the mother to Anthony in pursuance of  the condition of the bind nor be there any request for her so to do modern  report Anthony die without issue and intestate and his mother take out letter  of administration and likewise after his modern report er p death she get  herself admit and enter upon the land and receive the rend and profit and then  devise the land to one of her daughter and die the other daughter and sister  of Anthony bring her bill against her sister the devisee of her mother pray to  have a decree for a surrender and proper conveyance of a moiety of the land  which she will have be entitle to have her mother surrender to Anthony her  brother as she ought to have do in pursuance of the condition of the bind for  that purpose enter into it be argue in favour of the plaintiff that from the  nature of the case it appear plain to be a agreement between a and his sister  that her son shall have the land and that in a court of equity this bind will  be interpret as a undoubted evidence of this agreement and that there be  several instance where bind have be consider it this light by the court it be  say that in the case of thynn of Egham a vern a a person be make executor upon  a antecedent promise that he will not thereby take any advantage with respect  to any part of the personal estate but let such a one have it it be hold that  this promise make he a trustee in this court it be further insist upon that  the mother permission of the son to receive and enjoy the profit of the land  be a carry this agreement into execution which make it a much strong case and  then if Anthony himself have a right at any time during his life to have come  into this court and insist upon the specific performance of this bind certain  death the act of God shall not in this court put his heir in a worse condition  modern report it be insist for the defendant that by the evidence it do indeed  appear that it be once the design of the uncle to have give his nephew this  land but that afterward he change his mind and give he this bind in the room  of it it be say that this bind be go in law upon account that Anthony be dead  intestate the mother the obligor have take out letter of administration and  also by reason that there be no request make by Anthony lure his life for the  surrender ought not to be set up in equity it be say that possible Anthony  have by his mother consent enjoy the profit of the land without have ever pay  the two hundred pound may for that reason make no will as conceive that the  bind be thereby extinguish there will remain no obligation upon the mother to  surrender Parker Lord chancellor it be plain from the nature of this  transaction that it be the fix intention of the uncle that one way or other  his nephew shall have the land in order thereunto he attempt more than once to  surrender to the use of his will resolve to devise it to his nephew but a  surrender not be practicable by reason of the accident set forth in the  evidence he then have recourse to this bind as the next best method to secure  it to he so that this bind be not to be consider as something give in lieu of  the land which the uncle once intend he but as another medium of secure the  land to he and on the part of the mother it amount plain to a agreement that  the son shall have the land the consequence of which will very plain be that  the mother must be consider by this court as a trustee for her son and then I  shall have no regard at all to the nicety of law of the bond be extinguish and  modern report go either by the obligor be administratrix to the obligee or for  want of a request b see gage v Acton Com Acton v pierce vern dale v Smithwick  vern cannel v buckle Peer wms Watkins v Watkins atk beard v beard atk b the  authority be many in this court that bind have be consider as evidence of  agreement and obligors hold to a specific performance a ld ray vern Peer wms  Peer wms atk a and not allow to forfeit the penalty there must be therefore a  surrender and conveyance but then the plaintiff must pay the two hundred pound  with interest from the death of the uncle Anthony have during his life by the  consent of the mother receive and enjoy the profit of the land modern report  er p