atkins case TUFFNELL versus page April the that c barn Charles Rep SC p W note  SC Eq ab note W S make his will and sign it but no witness as the testator  have not surrender his copyhold estate the question be whether it pass hold it  do for the statute of fraud and perjury relate to such estate only as pass by  the pound h which take in feesimple only and do not extend to customary estate  William springet make his will in write sign by himself but unattested by  witness wherein be the follow clause all the estate which I have I intend to  settle in this manner my estate in KirbyHall near henninghamcastle by  Henningham town which be pound per and pound exchequer annuity and his stock  which the testator enumerate all which I give to my dear brother Anthony  springet after his death my desire be that it shall be dispose of after this  manner to Mr William Tuffnell the son of Samuel Tuffnell esquire at Langley in  Essex my estate at KirbyHall the other part of his estate the testator give to  the person name in his will but make no surrender to the use of his will of  what be copyhold William Tuffnell make his will in by which he devise the  estate of Kirby hall and other estate to page and two other person this be not  correct for it be Anthony Springett that devise the premise to page and other  this case be more full and accurate state in barn Charles Rep where it agree  with Reg lib b fol of which one be his heir at law in trust for the plaintiff  but this testator do not make any surrender to the use of his will nor have  the devisees ever be admit to the copyhold estate but notwithstanding on the  death of Anthony springet in they take possession and against they the  plaintiff have bring his bill for a account of the rend and profit of  KirbyHall and pray that the estate may be decree to he Lord chancellor I will  consider this case in two light first whether the will of a copyholder  unattested by witness be sufficient to declare the use of a surrender make to  the use of a will and second where there be no surrender asin the case before  I whether such a will be sufficient to pass the trust of the copyhold land to  the plaintiff with respect to the consideration of the question in the first  of these light where man be seize of copyhold land and surrender to the use of  his will and execute will though not attest by witness yet it shall direct the  use of the surrender attorney general v Sawtel post attorney general v Andrews  Ves Carey v askew bro Charles Rep har   Litt b n but a customary freehold  where there be no custom to surrender to the use of a will can only pass by a  will attest accord to the statute of fraud Hussey v grills Amb for the clause  in the statute of fraud and perjury which require the testator sign in the  presence of three witness and their attestation in his presence be confine  only atkins to such estate as pass by the statute of will pound h c which be a  act to explain one make in the saint of the same king and at the close of the  three section enact that the word estate of inheritance in the former statute  shall be declare expound take and judge of estate of feesimple only which show  plain that it do not extend to customary estate and have be so settle ever  since the case of the attorney general versus barn which be report in vern  where it be say in page as to such of the land as be copyhold it be agree they  be well appoint they pass by surrender and not by will though there be no  witness to it as to the second question whether the will of William springet  will pass the trust of the copyhold land where the legal estate be in trustee  the beneficiary and trust can consequent surrender but the land shall  notwithstanding pass by this devise accord to the general rule that equity  follow the law see car v ellison post vol for there a copyhold will pass under  a will without three witness or where there be no witness at all and if this  nicety be not require in pass the legal estate a strong it be not in pass the  equitable and therefore the beneficiary and trust may by the same kind of  instrument dispose of the trust estate as if he have the legal estate in he  there be another question make in this cause and that be what interest the  plaintiff have in the estate at KirbyHall I be of opinion the word estate be  sufficient to pass not only the land but all the interest the testator have in  it beside Ridout v pain post vol and the note thereto for though here be a  locality KirbyHall yet the testator mean his interest in it too for suppose  and I believe it have happen a man shall give all his real estate in England  here be a locality and yet none will say that the interest do not pass as well  as the estate atkins er p all the estate which I have c at the outset of the  will show a plain intention in the testator to dispose of the whole and  consequent Mr Anthony springet the first taker have only a estate for life and  the remainderman Mr William Tuffnell a estate in fee and therefore the  plaintiff be entitle to the decree he pray by his bill the case of ibbetson  versus Beckwith case in equity in Lord Talbot time a testator set out in his  will to give and dispose of his worldly estate be a strong proof that he  intend to dispose of the inheritance of his land when there be sufficient word  in the follow part of the will for that purpose the word estate at such a  place or in such a place may carry a fee ibbetson for Beckwith be principal  rely on by the plaintiff counsel as be in point and allow by Lord Hardwicke to  resemble it very much