a be seize of a copyhold estate and intend that not his sister who be his heir  at law but b her son shall have the land resolve to surrender it to the use of  his will and devise it to b but a surrender not be practicable by reason of  some accident set forth in the evidence he prevail with his sister to give a  bind to he that she will at any time upon the payment of and upon the request  of b her son surrender the estate to he then a die b enter and receive the  rend and profit of the estate but no surrender be ever make pursuant to the  condition of the bind nor be the mother request so to do b die intestate leave  only two sister the mother administer and have procure herself to be admit  tenant of the copyhold enter and devise the same to one of her daughter and  die the other daughter and sister of b bring her bill against the devisee her  sister pray to have a decree for a surrender and proper conveyance of a moiety  of the land which she will have be entitle to have her mother surrender to b  as she ought to have do pursuant to the condition of the bind Parker c decree  that the mother shall be consider as a trustee for b her son and that a  surrender and conveyance shall be make accord upon payment of the pound by the  plaintiff with interest from the death of a the uncle b the brother have  during his life by the mother consent receive and enjoy the profit of the land  mich Geo park and Wilson Mod ibidem his lordship say it be plain from the  nature of this transaction that it be the fix intention of the uncle that one  way or other his nephew shall have the land in order thereunto he attempt more  than once to surrender it to the use of his will resolve to devise it to his  nephew but not be able to surrender he then have recourse to this bind as the  next method to secure it to he so that this bind be not to be consider as  something give in lieu of the land but as another medium of secure the land to  he and on the part of the mother it amount plain to a agreement that the son  shall have the land the consequence of which will very plain be that the  mother must be consider as a trustee for her son and then his lordship say he  will have no regard at all to the nicety of law of the bind be be extinguish  and go either by the obligor be administratrix to the obligee or for want of a  request that the authority be many in this court that bind have be consider as  evidence of agreement and obligors hold to a specific performance and not  allow to forfeit the penalty ibidem vide the follow case S p