case DEVENISH versus banns Eq Abr c S c by the custom of the manor of  Yetminster prima in Devonshire every copyhold tenant of that manor may in the  presence of two witness nominate his successor and such nominee shall enjoy  the land after he for life and the person who nominate may except any part of  the land to any other person yet the nominee continue tenant to the lord for  the whole but the person to who any part be except shall enjoy that part  during his life and if any tenant die seize leave a wife and make no  nomination there the wife shall have the tenement during her life else it go  to the lord J S be a copyholder of this manor and have a great affection for  the plaintiff who be his godson and intend to leave the great part of his  copyhold to he and the rest to his wife when he be sick precedent in chancery  be advice with some of the copyholder of the manor how this may best be do  whether it be not best to nominate the plaintiff as successor with exception  of such part to his wife as he intend for her but the wife be then present  pretend it may be prejudicial to her as to the part intend her and that if he  will nominate her his successor she will take precedent in chancery er p care  the plaintiff shall have such part of the land as be intend he and offer to  give security to that purpose thereupon I S nominate her successor and die she  refuse to let the plaintiff enjoy the land intend he he bring this bill to  have they decree to he the defendant plead the statute of fraud and perjury  for that there be no memorandum c in write sergeant Hutchins and other for the  defendant insist that the plaintiff can pretend to no decree but upon the wife  be a trustee for he or her have agree that he shall have they and all  agreement concern land and all trust concern land must be by the express word  of the statute in write sergeant Philips and other for the plaintiff insist  that copyholder be not within the statute and that case of like nature have be  decree here as in chamberlain case which be this the father be about to make  his will and thereby to make certain provision for his young child his son and  heir apparent persuade he not to make any such will and that he will take care  his brother and sister shall have those provision whereupon the father forbear  to make the provision and they be decree against the heir in this court all  the commissioner be of opinion for the plaintiff and say they decree it not as  a agreement or a trust but as a fraud and they be of opinion that see by the  custom of the manor a estate may precedent in chancery be create by parole  without write a trust of such parole estate may likewise be raise without  write notwithstanding the statute and Keck say that where a tenant in tail be  about to suffer a recovery in order to provide for his young child and have be  keep from it by the issue in tail promise to do it it have be decree in this  court