case how all versus how all of the tenth Lord chancellor a copyhold estate  grant for the life of a b and c a die intestate his administratrix shall have  the estate during the life of b and c I S who have take a copyhold estate for  the life of himself and his two brother die leave a son the uncle during the  life of their nephew suffer he quiet to enjoy but now he be dead they disturb  the administratrix of their nephew and the bill be bring by her to be relieve  as have the title of the first taker who pay the fine the other two life be  but in the nature of trustee for he Vernon chancery case upon long debate the  court decree for the plaintiff the administratrix against the uncle though it  be take notice of and press in argue for the defendant that there be not any  custom in the manor of which the estate be hold that the first taker may  surrender nor be there any such custom where the copy run successive so wither  v wither Amb determine on the authority of this case and per Lord Hardwicke  result trust of copyhold as well as freehold be within the statute of fraud  and perjury note in the case of wither v wither it appear to have be the  custom of the manor to grant copyhold for three live successive in argue of  this case be cite as precedent of like decree the case of Powell and  Theallwell clarke and Danvers I c can thin and bampfield Vernon chancery case  er p say vide Rundle v Rundle post vol Eq can ab pl SC where distinction take  between the case where such custom prevail and where it do not and where the  fine appear by the copy to be pay by one of the life only the other life will  be decree in equity trustee unless clear evidence appear to the contrary  Benger v draw p wms smith v baker atk but there be a case in the exchequer of  dyer v dyer mich term Cox cite in Mr Cox note to Lamplugh v Lamplugh p wms  where there be a custom for the copy to run successive in which a contrary  decision to that in the principal case be make but there the life be a son of  the person who pay the fine in which case the presumption be that he be not  intend to be a trustee Murless v franklin swan Prankerd v Prankerd S S rider v  Kidder Ves