case hinton against hinton customary right in the widow to enjoy the whole  estate of which her husband shall die seize for her lifebarred by the husband  have article for sale of the estate brown v Raindle Ves see kidney v  Coussmaker Ves lib Reg a foe S c Ves sen more full in chancery that July  josias Hinton seize of a copyhold estate for three life hold of the manor of  little Sutton subject to a customary right in the widow to enjoy for her life  the whole estate of which the husband die seize article for the sale of it for  valuable consideration but die before it be actual surrender the widow claim  her freebench and have recover a verdict in ejectment at law the present bill  be bring for a specific performance of the article and a injunction to stay  proceed in the action Q whether the widow right to her freebench be bind by  these article or whether as the husband have not actual surrender the copyhold  she be entitle to her freebench on the part of the plaintiff it be argue that  equity consider what be article or agree to be do as if actual do and by the  same reason that creditor and heir at law of the patty will be bind the widow  in this case ought to be and it be say to be distinguishable from the case of  dower for there the right attach and be inchoate on the marriage and can be  afterward take away but here the widow must claim through the husband and can  only be entitle on his die seize on the other side it be argue for the widow  that she do not claim through the husband but by the custom ambler and the  present case be within the reason that have prevail win many other case as  where tenant in tail have agree to levy a fine if he have not actual do it  though he be commit by this court for not do it the issue will not be bind by  the agreement because their claim be not through the tenant in tail but by a  title paramount under the original author of the entail and the case of  Musgrave v Dashwood vern be cite as a case determine in point Lord Hardwicke  chancellor copyhold be subject to trust to be declare upon they as well as  freehold where there be a agreement for sale of a copyhold estate the court  will decree performance even against the assignee of the seller who be become  bankrupt see Ves as tailor v Wheeler vern and salk so against a heir at law  question whether the right of freebench be bind by this agreement it be  distinguish from the case of dower which be inchoate by the marriage it be say  that freebench be derive from the husband that be not so for it arise from the  custom of the manor but subject to be defeat by the act of the husband and yet  there be case where this court will not let the custom prevail as where the  husband be only a trustee Noel v jevon Freem Bevans v pope ib Goddwin v  Wisemore atk the present be not a original trust or a trust declare but be a  trust by construction of the court it appear to I to be a strong equity that  the widow shall be bind as well as the heir the case put of tenant in tail be  so because the issue claim per form gift not under the tenant in tail but  under the author of the entail I shall have be much incline to give relief and  decree performance be the case of Musgrave v Dashwood vern out of the way it  be ill report it be not a authority sufficient to ground my opinion upon I  shall not determine this matter upon this question but on the nature of the  agreement which do not appear satisfactory to I but afterward on look into the  proof in the cause his lordship alter his mind and declare the agreement be  full make out and that he must have resort to the first question which he have  purposely decline to avoid make a precedent and therefore take time to  consider of it ambler N B his lordship reason on the first question be look  upon by the bar in general to be very imperfect and against their sentiment on  the Wednesday follow be the that July his lordship deliver his opinion that  the purchaser be entitle to the relief against the widow and as to ambler er p  the case of Musgrave v Dashwood there be no statement of it appear in the  register book and he say he can not rest his judgement upon it it appear from  lib Reg that josias Hinton who be the father of the plaintiff be great involve  and in prison for debt send for the plaintiff to assist he out of his  difficulty the plaintiff accord undertake to pay his debt and to allow he a  annuity of ten guinea for his life upon condition of his surrender the  copyhold in question to the plaintiff and the follow memorandum of agreement  be accord draw up and sign by the father October that by agreement make this  afternoon between I josias Hinton and my son I Hinton in consideration of  surrender the copyhold estate at S that the say josias Hinton the elder be to  have ten guinea ayear and the dwell house on the estate and faggot to be  deliver to I yearly josias Hinton at the same time execute a letter of  attorney by which he appoint certain person his atorneys to surrender the say  copyhold premise to the intent that the plaintiff may be admit as a purchaser  of the say premise the plaintiff thereupon pay the debt of josias Hinton and  he be release from prison afterward at two several court of the manor at which  josias Hinton be present the plaintiff request he to surrender the premise but  he refuse and the plaintiff thereupon request the steward to accept the  surrender of the person name by josias the father as his atorneys but which he  refuse to do josias Hinton be allow to reside in the house on the premise to  his death and the plaintiff pay he the yearly sum of ten guinea and supply he  with faggot accord to the agreement king v holland allein Rep Freem Bevans v  pope Freem but they be not within the stat of use cro car Ves sen vin Abr a  contract or agreement to surrender a copyhold or a surrender which be void for  want of presentment in due time will be enforce in equity in favour of a  purchaser or mortgagee against a heir at law Davie v Beversham Ch Rep Ch can S  c Freem S c cite Mod Barker v hill Ch Rep Bradley v Bradley vern Pattison v  Thompson finch neve v keek Mod so against a devisee Martin v Seamore Ch can  and against a subsequent purchaser with notice Jennins v Blencorne vern S c Eq  can Abr pl bro p c vo edn S c and see keen v sparrow Finell a Shouldham v  Shouldham vern Prebble v Boghurst Swanst wood v pesay vin Abr pl Freebench  differ from dower at commonlaw in that the former unless the particular custom  declare it otherwise do not attach even in right till the actual decease of  the husband see Benson v Scott Carth S c Mod S c lev Goodwin v Winsmore atk  king v inhabitant of lopen Durnf and east see brown v Raindle Ves Freem cro  James the decree contain a declaration that under the circumstance of this  case the defendant be bind to surrender her widow estate in the copyhold land  in question to the plaintiff in performance of the say agreement which have be  in a great part execute and it be order that the say defendant the widow do  surrender at the next court to be hold of the say manor the say copyhold  premise to the say plaintiff No cost be give on either side