Benson versus scott hill W m b r rot lev SC salk SC skin SC Mod SC comb SC  Danv pl where the widow be defeat of her freebench in a copyhold side lane  Bulst style godb in a special verdict in ejectment the case be as follow  sacred scripture copyholder in fee where by the tenure the widow be entitle to  her freebench surrender his copyhold into the hand of two tenant accord to the  custom to the use of t S and his heir this surrender be present at the next  court but after and before the second court the surrender die and at the next  court after his death the say t S and the widow be admit and the question be  if the widow be defeat of her freebench by the admittance of the surrendere or  whether the widow S estate be attach by her husband S die seize shall suspend  the operation of the subsequent Carthew admittance of the surrendere until  after the marriage or the death of the widow and upon the first argument it be  adjudge without difficulty for the surrendere against the widow for though by  the bare surrender no estate passes out of the surrender and by consequence he  die seize in fee of the copyhold yet it be not of a absolute but a defeasable  estate of inheritance subject to be destroy by the subsequent admittance of  the surrendere and therefore the widow S estate which be derive out of that  estate of which her husband die seize must necessary partake of the same  quality and remain defeasable in her as it be in her husband I h c Inst vide e  c h c bend Inst dyer   side turner v Felgate side raym side lev keb Carthew er  p and the admittance of the surrendere shall have relation to the time of the  surrender make as well to defeat all mean act make by the surrender as all  other customary estate derive out of his estate for this very clear that her  title by the custom do not commence by the marriage as it do in dower at  commonlaw for if he do then the husband can not defeat it by any act which he  may in case of freebench for there the husband must die seize otherwise the  widow have no title so judgement be give for the plaintiff the lessee of the  surrendere