case aston all versus Smallman all refer to Edward v champion de g m g see  also note to cook v cook vern may a and b be joint tenant of the trust of a  term a die b shall have the whole by survivorship John smith be possess of a  lease for year which he hold of the Lord kilmurry die intestate leave two  daughter Eleanor and mary Tonna their grandfather Vernon chancery case er p  and Dodd the administrator of John smith surrender the old lease and take a  new one from the lady kilmurry to Tonna the grandfather and Dodd the  administrator for ninetynine year if the two daughter and one John leech any  or either of they shall so long live but in trust nevertheless for the two  daughter Eleanor marry Bradburne and die and leave three child the defendant  Smallman claim under Eleanor in a course of administration and have also get a  assignment of the lease from the executor of Tonna the survive trustee the  plaintiff claim under mary as administrator de good non to her who survive her  sister Eleanor and bring their Vernon chancery case bill to compel the  defendant Smallman to account for profit and to assign the term to they the  question be whether mary as jointtenant with her sister Eleanor and survive  her become entitle to the whole term by survivorship for the defendant it be  insist that in this case there ought not to be any survivorship allow in  equity and as authority cite the case of Cox and Quaintock and of Billingsley  and shore ante vol p so where three person be joint interest in the trust of a  term for year and one of they mortgage his three part it be hold to be a  severance of the jointure York v stone salk and draper case par Chanc Rep Lord  keeper a trust of a term must go as the term at law will have do by the like  limitation and as survivorship will have take place at law it must do so in  equity and decree the defendant to account for profit from the death of  Eleanor and to assign the term to the plaintiff or as they shall appoint d  April there be a entry of a order by which the cause be order to be set down  may that for hear Reg lib a fol afterward d may entry of another order for  production of a lease at the hear Reg lib ibidem fol but no further entry  appear web v web post so in equity you can come near to a perpetuity than at  law such dict per Lord keeper duke of Norfolk v Howard ante vol p so where  deed casual lose the evidence be the same in equity as at law coke v hellier  ves Clavering v Clavering ves so in general as to the rule by which estate be  hold and settle knight sequitur law cook v cook ante p Thomas v freeman post  Tuffnell v page atk Vernon chancery case de term S the number three in curian  porter