case trinity college in cambridge versus brown eoden die in court Lord  chancellor a heriot be not due upon the death of beneficiary and trust but of  he that have the legal estate the bill be to discover the best beast of  beneficiary and trust of a college lease the defendant demurrer for that the  best beast of the beneficiary and trust can not be take for a heriot and it  also appear of the plaintiff own show that the tenant who have the estate in  law in they be yet live the demurrer be allow the case as make by the bill be  that the plaintiff be seize of the manor and rectory of Shitlington in  Bedfordshire with a court baron to the parsonage that there be several tenant  who hold their copyhold land by fine uncertain at the will of the lord on  death or alienation and that pay heriots on the death of the tenant who land  be heriotable it state a surrender of a heriotable copyhold estate that Feb to  defendant Burgoyne and grey of Lincoln inn their heir and assign and their  admission that sir Samuel brown one of the justice of c b be the real  purchaser of the estate and pay the purchasemoney and receive the rend and  since his death defendant Thomas brown his son and heir enjoy the estate and  also hold freehold estate for which he pay plaintiff quit rend that Burgoyne  and grey be unknown to plaintiff and live remote and if they shall die in  remote part the homage can not present their death and plaintiff will lose a  fine and heriots as they have do by sir Samuel brown not die seize and their  copyhold estate will by unity of possession be swallow up in defendant browns  freehold and the bill ask what be the best chattel sir Samuel brown die  possess of and pray a commission to examine witness and to perpetuate their  testimony that defendant Burgoyne and grey may surrender the copyhold estate  to defendant brown and on his admission the plaintiff may be pay their fine  due on the death of his father and the heriot to this bill the defendant brown  put in a answer and demurrer the answer general namely as to so much as c and  admit his father purchase and answer some other part of the bill and then  follow the demurrer as to so much of the bill as seek a discovery of sir  Samuel browns best chattel and pray that Burgoyne the survive trustee may  surrender c for that it appear by plaintiff show they have always a tenant of  the copyhold of their own admittance and all fine fee and quit rend have be  duly pay and neither sir Samuel brown nor defendant have ever be admit tenant  and that by their own show the custom of the plaintiff manor be that heriots  if any due be only Payable after the death of the copyhold tenant the demurrer  be overrule Reg lib b fol N B the above state of the case take from the bill  and answer et vide Wirty v Pemberton Eq can ab pl but this court will not  entertain a bill for discovery who be of best ability in the manor to answer a  heriot Lord Montague v Dudman ves Vernon chancery case er p