Benson against scot S c Mod salk custom be that a copyholder wife shall have  freebench of all that her husband die seize he surrender to a who be not admit  till after the copyholder death the wife shall not have freebench side lane oh  Bulft sty ejectment of land in Wethersfield in Essex and on not guilty and  special verdict find the case be this Samuel scot seize in fee of the land in  question be a copyhold where the custom be that the wife shall have freebench  of all copyhold whereof the husband die seize take the defendant to wife and  afterward october surrender to Barbara callard and her heir condition to be  void upon payment of the that of August next follow and at a court hold I Jun  this surrender be present to be enrol but before admittance the surrender die  and after his death the surrendee be admit and the question be if in this case  if after the grant of the next presentation to a live the incumbent be make a  bishop by which the live become vacant and the king be entitle to present the  grantee may present on the next vacancy occasion by the death or resignation  of the king presentee term Rep levinz er p the wife shall have her freebench  and it be say for the defendant that till admittance the copyhold remain in  the surrender cro Charles Burgoin against spurling cro Elizabeth Yelv and then  the husband die seize and consequent the wife be within the custom and though  by the admittance after the surrendee be in from the time of the surrender yet  it be say for the defendant that that be only a relation and fiction of the  law between the party and to prevent or make void all mean act of the  surrender levinz but not to prejudice the wife who be a three person as    butler and baker case that although the title of the surrendee be to be  compute from the time of the surrender so be the title of the wife to be  compute from the time of the marriage for then be her title incepted though  perfect by the husband death so the title of the surrendee be no more than a  incepted title by the surrender and only perfect by the admittance so that the  wife here bad a incepted title before the inception of the title of the  surrendee which be also perfect before the perfection of the title of the  surrendee which be not till after the husband death whereas the wife title be  perfect by the husband death but holt Ch just and the whole court hold the  contrary and they deny that the wife bad any incepted title by the marriage in  this case as wife have to their dower at the commonlaw but that she have only  a conditional inception of a title subject to the power of the husband of  avoid it by alienation whichpower the husband have not at commonlaw for he can  not by alienation defeat the wife of her dower but without doubt the husband  may here have preclude the wife from her freebench by alienation for she be  not to have it except the husband die seize which he do not in this case by  reason of the surrender and they rely much on the case in   light b a  copyholder jointtenant surrender and die before admittance the survivor shall  be preclude by the admittance afterward and judgement be give for the  plaintiff levinz for tl e defendant web of the innertemple for the plaintiff