bank v denshire Dec copyhold unsurrended by mistake want of surrender supply  in favour of a young child S c atk quod vide supplement George denshire make  his will thus I give all and every my freehold and copyhold message land  tenement and hereditament have surrender the copyhold part thereof to the use  of my will situate lie and be in l to bank note not so the devise be to the  plaintiff his daughter who marry the plaintiff bank and the heir of her body  and the heir of his body remainder over and the say copyhold part thereof  shall be subject to the payment of pound mortgage which be on part thereof and  he direct that as well the say freehold as the say copyhold estate shall be  subject to a annuity of to the defendant his son and heir for c life r l the  testator have but two copyhold estate in l one of which he have surrender to  the use of his will the other not the question be whether the defect of  surrender of part of the copyhold shall be supply against the son and heir of  the testator in favour of a young child for who it be argue that it shall not  from the intent of the testator to devise nothing but what be surrender  although the court will supply it in several case of young child if not  contrary to the intent in the case of the king head inn in Turnham green atk  and Allen v Poulton post which be a copyhold house but three part of it in one  manor and one in another manor the testator there devise all his copyhold  estate which he have surrender to the use of his will have surrender only that  which be in the manor include the three part and the court hold that onfy  shall pass for plaintiff it be allege that there be several declaration by the  testator of his have surrender all his copyhold to the use of his will and  therefore under a mistake which this court will supply Lord chancellor that be  but a parole declaration of which I can take notice but I think there be word  sufficient to take in this copyhold estate the description be as I urge as  possible to take in the whole and what be to confine it be in a parenthesis  and in nature of a recital therefore not like word contain a description this  therefore differ from the case cite which be determine by vesey senior I with  great reluctance the relative pronoun which there make it restrictive suppose  the testator have begin with the recital that whereas he have surrender c in  which he have be mistake yet the word of the grant shall have their full  effect but the latter word sufficient show his intent to give the whole  describe it as part of what he before devise and show he mean to give more  than the part subject to the mortgage and he have no other copyhold except  that in question which therefore come within the description and the defect of  surrender must be make good Reg lib a fol it be to be observe that a  considerable alteration have be late make in the law relative to copyhold by  the stat Geo ch which dispense with the necessity of a surrender in respect of  all testator die after the pass of that act upon payment by the person entitle  or claim of all duty fee c that will have be due and Payable in case a  surrender have be make it be also to be notice that it seem most advisable to  surrender to the use of the will in every case where it can be do  notwithstanding the benefit of the act see Scriven on copyhold the act in  question be insert ibidem p