a surrender be make of a copyhold estate to trustee to the use of a will a  will be make with only two witness to it admit that a will off a copyhold do  not require three witness but this be a devise of a trust relate to land so  within the statute of fraud the heir controvert the surrender and the will  this point be not determine but two issue order though the Lord Chan seem to  be of opinion that the devise of a trust must ensue the nature of the estate  and not make it be necessary to have three witness as the copyhold may be  devise without three witness but this may be a question to be determine when  the issue be try Trin Geo Appleyard and wood Sel can in Chan copyhold  surrender to the use of a will shall pass by a will attest by one or two  witness only decree by Macclesfield c mich Wagstaff v Wagstaff will Rep where  a copyhold in fee be surrender to the use of a will such will attest by one or  two witness be good which be only a declaration of the use of the surrender  but if a copyholder be seize only of the trust or equity of redemption of the  copyhold and devise such trust or equity of redemption there must be three  witness to the will for there can be no precedent surrender to the use of the  will to pass this trust and the trust and equity of redemption of all land of  inheritance be within the statute of fraud otherwise great inconvenience will  arise therefrom and it be no prejudice to the Lord of the manor to comprise  the trust of a copyhold within that statute because the person who have the  legal estate of the copyhold be tenant to the Lord and liable to answer all  the service hill Vac admit by his honour in a case at the roll to be a settle  point will Rep the equity case abridge er p editor by way of note say but in  the case of Tuffnell and page vide Eq can Abr p can east the Lord Hardwicke be  of opinion that the trust of a copyhold will pass by a will not attest accord  to the statute of fraud as a copyhold surrender to the use of a will will do  for that equity ought to follow the law and make it at least as easy to convey  a trust as a legal interest and decree accord ibidem