case drake versus Robinson Eq can ab pl one devise all his real estate to pay  debt and have part freehold and part copyhold and die without have surrender  the copyhold to the use of his will regular the copyhold shall not pass  without be mention and if mention equity will on behalf of creditor supply the  want of a surrender but if the freehold estate be not sufficient to pay the  debt the copyhold be real estate shall be liable Mr William Berners of hadham  in Hertfordshire have make a settlement of a real estate upon his wife for her  jointure and have contract several debt make his will and thereby devise all  his real estate not comprise in the settlement to trustee and their heir for  the payment of his debt and be seize of several freehold and copyhold land  peer William but ha not surrender his copyhold land to the use of his will and  die leave three son and part of the copyhold be of the nature of borough  English object the copyhold do not pass by this devise for though in the case  of creditor equity will supply the want of a surrender yet the copyhold ought  ever to be mention in the will especial where as in the present case there be  a freehold estate that will satisfy the word of the will Lord chancellor if  the copyhold passes the young son who be entitle to such part thereof as be  borough English must contribute to pay his proportion of the debt as betwixt  the son it be a doubtful case but with regard to the creditor if there be not  a estate sufficient for the payment of the debt without the copyhold land my  opinion be these ought to pass the man be not a just man unless he take care  to pay his debt for which reason he have make choice of word large enough for  that purpose a copyhold estate be a real estate and since the testator first  intention be to be honest and pay his debt to cramp such his design by a  narrow construction seem like be accessary to the make such testator a knave  even against his will but let the master first see whether there be enough  without the copyhold for the payment of the debt vide Harris v Ingledew post  Vol III peer William er p