case Sneyd v Sneyd June the d at the roll the plaintiff father be seize in  tail male of several manor and land and in possession of great part thereof  and have purchase several other intermarry with the defendant the plaintiff  mother and in October die intestate the plaintiff as old son and heir in tail  bring a bill to set asideathe assignment of dower for partiality upon a  suggestion that part of the estate be copyhold and not liable thereto if the  husband become entitle to the copyhold estate by copy of court roll and grant  they out again by copy of court roll his wife be not entitle to dower but if  he become entitle otherwise than by copy of court roll and do not grant they  out again by copy of court roll she be entitle to dower out of those estate  the plaintiff father Ralph Sneyd be by virtue of two settlement seize in tail  male of several manor and land and in possession of great part thereof and  have purchase several other intermarry with the defendant the plaintiff mother  but no settlement be make in consideration of the marriage and on the that of  October he die intestate leave the plaintiff Dryden Sneyd his old son whereby  the land in the settlement and the estate purchase by the father become vest  in the plaintiff as the old son and heir in tail the defendant claim dower out  of the plaintiff estate obtain judgement in a writ of dower against he and  dower be afterward assign by the sheriff and the present bill be bring for a  account of the rend of the real estate and to set asideathe sheriff assignment  of dower for partiality part of the estate be copyhold and not liable to dower  and yet estimate upon the writ of inquiry for ascertain of dower the defendant  insist the copyhold be proper estimate because Ralph Sneyd her husband have  the freehold of the purchase copyhold estate in he as lord of the manor which  contain as well copyhold as freehold and by he not grant out atkins er p and  that she be therefore dowable of the say copyhold or that if he do grant they  out the instantaneous seize in the husband at the time of the purchase be  sufficient to entitle her to such dower and that no afteract of his can give  away that right which be once attach in her atkins the master of the roll sir  Joseph Jekyll though no case have be cite of either side and seem to be a new  point yet I shall think that this instantaneous seize of the freehold of the  purchase copyhold estate in the husband will not entitle the defendant wife to  her dower for notwithstanding there may be no case of the same nature with  this yet it may be govern by reason and general rule of law as for instance  the conusee of a fine be not so seize as to give his wife a title to dower and  in the case of a use the widow of a trustee have be determine to have no claim  of dower from such a momentary seize I do therefore in the first place decree  that the assignment of dower by the sheriff be set aside and that it be refer  to a master to inquire whether the intestate become entitle to the copyhold in  question by virtue of surrender from the tenant by copy of court roll or not  and whether he grant those estate out again by copy of court roll and not by  lease for year or life and if the intestate become entitle by copy of court  roll and grant they out again by copy of court roll then I be of opinion that  the defendant whether Sneyd be not entitle to dower out of those estate and as  to the land whereon the lease for life or year be renew by the intestate I do  order the master to inquire which of those lease be actual expire at the time  of such renewal and which not and be of opinion that the defendant whether be  not entitle to dower out of a instantaneous seize but that she be entitle to  dower out of those land where the master shall find that the lease be actual  expire Reg lib b fol S