case tendril versus smith November a copyhold surrender to the use of a will  will pass by a general devise of land notwithstanding there be freehold a  agreement between a child and a father to alter the limitation under a  settlement will not be set aside on pretence of be draw in by the father power  and authority Lord chancellor where copyhold land be surrender to the use of a  will by a devise of land general t copyhold will pass notwithstanding there be  freehold to answer such devise smith v baker ante vol where a father and a  child of full age come to a agreement to alter the limitation under a  settlement there be no ground of equity for a child to set aside such  agreement atkins er p under pretence of be draw into it by the power and  authority of a atkins father and to restore the ancient limitation again in  the marriage settlement there be a estate limit to the father for life with a  remainder in default of issue male to daughter in tail it be provide in the  settlement that if the wife shall die in the husband lifetime without issue  male leave a daughter and the husband shall marry one or more wife or wife who  shall have one or more son or son then and in such case the husband and such  son and son be empower to Annaul the limitation in the settlement upon pay the  sum of pound to such daughter at or marriage the estate so settle be in  mortgage for a term of year the wife die without issue male leave a daughter  who thereupon become entitle to a estatetail in remainder with a reverpound n  in fee to her father subject to the aforesaid proviso afterward in November  the father mortgage the whole in fee and the first mortgage be paia off the  second mortgagee take a assignment of the prior mortgage term in December  before the father second marriage which happen in the father and daughter in  consideration of her be pay say pound agree to convey the estate to trustee to  be sell in order to pay off the mortgage and pound to the daughter the surplus  to the father the conveyance be prepare but execute by the father only the  daughter however be privy and consent to the business and in her will take  notice that she be entitle to say pound No fine be levy and the daughter die  the father devise all his land general to his second wife who now bring her  bill to have the deed of trust set aside and insist that the pound ought not  to be raise for two principal reason first because the circumstance which be  require by the proviso to avoid the limitation be not legal observe videlicet  the father at the time of the conveyance not be marry to a second wife who  have issue male second that as the father have no power to annul the use of  the settlement until such second marriage so the daughter be entitle to a  estatetail she can not convey that estate without a fine therefore as the  daughter have die without issue and without bar the entail and as the deed of  trust be execute upon a supposition that the father by a equitable  construction of the proviso have a power to alter the use upon payment of the  pound the deed of trust ought to be set aside and the say pound ought not to  be raise out of the estate so devise to the wife but it be decree that the  pound shall be raise by sale of the freehold and copyhold land and the surplus  money be pay to the wife Reg lib b fol with respect to parental influence see  Cory v Cory Ves Kinchant v Kinchant bro Charles Rep see also heron v heron  post young v peachy post hawk v Wyatt bro Charles Rep in a case in Lord  cowpers time where a father prevail upon a son who be tenant in tail under a  settlement to take a estate for life only with remainder to his first and  every other son his lordship will not set it aside upon the suggestion of the  father have a undue influence over he c