case alisons case the mother give a bind to her son condition to surrender a  copyhold estate to he of which she be heir decree that she be a trustee for  her son S c Mod the plaintiff exhibit a bill against her niece for a moiety of  a copyhold estate which she claim in coparcenary with her say niece by descent  from t a her brother the case be thus one Alison the plaintiff uncle be seize  of the inheritance of a considerable copyhold estate and have no issue intend  to leave it to his nephew t a the plaintiff brother but be take ill he have no  time to surrender to the use of his will and for want thereof the estate will  descend to his sister who be his heir at law and mother of the plaintiff and  to prevent such descent the say Alison procure his say sister to enter into a  bind of two thousand pound to the say t a her son condition that at any time  upon his request she will convey the say copyhold land to he and his heir  pursuant to this agreement t a enter after his uncle death but without any  conveyance from his mother and some time afterward be die without issue but  have two sister one of they enter and surrender to the use of her will and  devise this estate to her granddaughter and die and now the survive sister  exhibit this bill to have a moiety of the estate ill coparcenary with her  niece as heir to her brother t a decease modern report the counsellor the  plaintiff insist that upon the foot of the agreement with her uncle Alison and  the bind of two thousand pound which his sister give to surrender at any time  when t a her son shall require it that she shall be deem as a trustee for her  son especial since she have carry the agreement into execution by permit he to  possess the land during her life though she be heir at law to her brother  Alison and this be a strong case than that where the father be about to make  his will and intend to make a executrix his son say that if he the father will  appoint he the son to be executor it will give he some countenance in the  world and that if his father will do so be the son will be only a nominal  executor and that his mother shall have the benefit of it whereupon he be make  executor but after the death of his father he insist on the benefit of the  executorship which be set aside by the decree of this court make by the Lord  chancellor Cowper upon proof of this promise though there be nothing in write  a neeve and other v Keck post thynn v thynn vern a and in the principal case  the Lord chancellor decree that the mother be a trustee for her son b see  Herbert v lownds Ch Rep Devenish v banns Prec Ch Barnsley v Powell vezey  Sellach v Harris viner Abr Maxwell v Montacute Prec Ch and Mr Fontblanques  equity Vol b and therefore that the defendant shall surrender to the use of  the plaintiff and both of they be admit as coparceners