case to lift versus to lift S c with full note wh t l c that Edward master of  the roll mos Eq can ab pl pl husband have a power to I make a jointure to his  wife by deed he do it by will and she have no other provision equity will make  this good equity will supply the want of a surrender of a copyhold in case it  be devise for payment of debt or for a wife or for young child so also will it  help a defective execution of a power by of a nonexecution the husband by  virtue of a settlement make upon he by a ancestor be tenant for life peer  William with remainder to his first c son in tail male with a power to the  husband to make a jointure on his wife by deed under his hand and seat the  husband have a wife for who he have make no provision and be in the isle of  man by be last will under his hand and seat devise part of his land within his  power to his wife for her life object this conveyance be by a will be not  warrant by the power which direct that it shall be by deed and a will be a  voluntary conveyance and therefore not to be aid in a court of equity master  of the roll this be a provision for a wife who have none before and within the  same reason as a provision for a child not before provide for and as a court  of equity will have this be the case of a copyhold devise have supply the want  of a surrender see Watts v Papal bull ante vol so where there be a defective  execute peer William er p cion of the power be it either for payment of debt  or provision for a wife or child unprovide for I shall equal supply any defect  of this nature the difference be betwixt a nonexecution and a defective  execution of a power the latter will always be aid in equity under the  circumstance mention it be the duty of every man to pay his debt and a husband  or father to provide for his wife or child but this court will not help the  nonexecution of a power since it be against the nature of a power which be  leave to the free will and election of the party whether to execute or not for  which reason equity will not say he shall execute it or do that for he which  he do not think fit to do himself and in this case the legal estate be in  trustee they be peer William decree to convey a estate to the widow for life  in the land devise to her by her husband will re lib fol Cotter v Layer post  carter v carter mos Hervey v Hervey atk Sergeson v Sealy atk sneed v sneed Amb  earl of Darlington v Pulteney Cowp wade v paget bro c c Mac Adam v Logan bro c  c Wilkes v Holmes Mod dick Jackson v Jackson bro c c Shannon v Bradstreet Sch  l uvykham v uvykham Ves black v Marnell ba be dow contra in case of a natural  child Bramhall v hall Amb Eden or of a husband moody v Reid I mad in chapman v  Gibson bro c c the court hold that defect in the execution of power be supply  upon the same ground and in the same case as defect in the surrender of  copyhold as to which vide Watts v Papal bull ante vol so Coventry v Coventry  ante Tonkin v Sandys ib not Harrington v heart Cox Holmes v Coghill Ves Ves  Reid v shergold Ves unless the power be in the nature of a trust Harding v  Glyn atk Peirson v Garnett bro c c Crossling v Crossling Cox brown v Higgs Ves  Ves Ves Ves Cruwys v colman Ves Gower v Eyre Cooper