case fisher vers wigg in b r see SC ld raym e r with note a copyhold estate  surrender to several equal to be divide and to their respective heir be not a  joint estate but a estate in common I raym SC I p wms SC Mod SC holt SC salk  SC salk SC lill Ent say will this be a action of ejectment and upon a special  verdict the case appear to be as follow a man seize of copyhold land to  himself and his heir accord to the custom of the manor have issue two son and  three daughter surrender it to the use of grace his wife for life remainder to  his five young child to be equal divide to they and their respective heir and  whether they be tenant in common or jointtenants be the question Mr William  argue that they be tenant in common for so they will be in the case of a  conveyance of a freehold and a strong in case of a copyhold and the judge  ought always to make such comens construction as will best support the intent  of the party and here the intent of the party be manifest that they shall be  tenant in common for the word to be equal divide divide the estate of the  grantor and the word and their respective heir show the intent to be that the  inheritance shall also be divide no particular form of word be necessary to  make a tenancy in common if the intent appear to be that the grantee shall  take in common it be sufficient the diversity between the word into three part  divide and the word into three part to be divide be explode for when a gift be  make to any person equal to be divide those word make they tenant in common  the subsequent word explain the first as a till of exchange Payable to the use  of b and c equal to be divide be not joint but several cro Elizabeth Yelv S c  Brownl SC more S c Owen S c a those word in a will shall make a tenancy in  common vern roll Abr atk atk atk Ves Prec Ch Cowp say Bl Com b and word in the  surrender of a copyhold estate be Ves Carth Mod c construe favour able as well  as in a will and he cite style vent Broderick contra the word of the surrender  be to five child which give they a joint estate and the subsequent word equal  to be divide do not make it several until a division comens er p be make and  the construction of surrender ought to be accord to the construction of other  Apelles ances and not accord to the construction of will and he cite style  Poph and S c a see more infra p