ambler case ware against ware surrender of a copyhold to such use as he shall  by will appoint not give effect to a will make before one by will recite he be  seize of a copyhold devise all his real estate not be seize of any copy hold  but be seize on freehold estate at the time he afterward buy a copyhold hold  it do not pass Reg lib b foe cart v cart that march in chancery that and that  Feb Thomas ware make his will and recite that he be seize of a copyhold estate  whereas in fact he be not devise all his real estate c he afterward purchase a  copyhold estate and surrender it to such use as be by his last will and  testament shall appoint and afterward die without make any other will Lord  Hardwicke chancellor hold that the copyhold do not pass by the will saint  because the surrender be to a future appointment dly because the word of the  will do not extend to a afterpurchased copyhold but only to such of which he  be seize at the time of make it the testator after devise to his wife certain  freehold land c for life declare in his will that what he have before give her  shall be in full of all dower and right of dower or three which she may have  or claim in or out of his real estate the copyhold which he have buy be by the  custom of the manor liable to the widow freebench hold that the devise be a  satisfaction of the freebench walker v walker that Nov which be a customary  right nomin edotis and so declare by Bracton and be instead of dower see  spring v boil t r in note S c serj hill ms vol fol Harris v cutler cite I t r  S c serj hill ms vol bunter v Cox salk attorneygeneral v vigour Ves Breylin v  heylin Cowp frank v Strudish Ves Judd v Pratt Ves S c Ves see Ves Ves so if a  annuity be bequeathe to the widow in bar of dower and freebench she can have  both the annuity and freebench but must elect to take one or the other kidney  v Coussmaker Ves see Welby v Welby Ves Bea Gretton v Hayward Swanst Pickering  v Lord Stamford Ves and it have be decide that a widow can in conscience have  both her dower and copyhold land devise to her in recompense of dower Lacy v  Anderson choice Ch can S c Swanst n as to where the wife shall be put to her  election where the intention to exclude her from her right of dower be not  demonstrate by express word see post and a question be make in this cause  whether the copyhold land purchase by the say testator after make of his will  and surrender by he to such use as he the say Thomas ware b his last will and  testament shall appoint will pass by the say will his lordship do declare the  say afterpurchased land can pass thereby and another question be make whether  the say testator widow be by the say will bar of her freebench in such  afterpurchased copyhold land in case she shall accept of what be devise or  give to her by the say will his lordship do declare the say defendant the  widow will in that case be bar thereby and it be order that the say defendant  the widow have liberty to make her election whether she will insist on her  dower out of the say testator freehold land and freebench out of his copyhold  land or abide by and take accord to the say will after the account before  direct shall be take and the say master shall have make his report