a man be seize of several freehold and copyhold land in Bereford the freehold  be about pound per Ann and the copyhold about pound and be also seize of  another freehold estate in ailsbury of about pound per Ann and all the several  estate above mention be in mortgage for pound the mortgagor make his will and  thereby devise all his land in Bereford to his wife and her heir and die  without issue leave his brother who be his heir at law and whether this court  will supply the want of a surrender to the use of his will as to the copyhold  land in Bereford be the question and the master of the roll be of opinion that  it ought not first because the word of the devise be satisfy by the freehold  land in Bereford which pass thereby and therefore it be not certain that he  intend to give her the copyhold likewise but dly if he have so intend yet the  brother who be his heir at law will thereby be disinherit of almost the whole  estate and have nothing but the pound per Ann in ailsbury and though the court  will in all case supply the want of a surrender for payment of debt yet not  for the wife against a heir at law who will be disinherit thereby or for young  child against a elder to make they in a better condition than the elder mich  Ross and Ross equity case abridge cap twenty cost a who shall pay cost and in  what case if a executor be defendant in equity and there be a decree against  he yet he shall not pay cost though a executor defendant at law pay cost in  all case for he can plead it at law in excuse of asset Twisleton v Thelwell  hard be the award of cost be a matter discretionary in the court and its power  herein always exercise accord to the circumstance of the case and the  litigiousness of either of the party if the court can relieve against a  forfeiture the bill will be dismiss without cost frequent each party be to  bear his own cost the expense either party be put to by the belay contempt c  of the other be only remit or purge by the payment of cost unless the court  order otherwise executor guardian trustee be usual exempt from cost or award  cost out of the estate in their hand unless they have great misbehave  themselves also a heir at law in most case be exempt from pay cost