case pullen against lord MIDDLETON LincolnsInnHall march copyhold the case as  to the principal point be to this effect a estate be limit to trustee to the  use of a and the heir of her body she marry b these land be copyhold and hold  of the manor of c and by the custom they be not capable of be entail and no  recovery can be suffer of they the husband and wife by indenture of bargain  and sale to lead the use of a common recovery declare that the land shall be  to the modern report use of the husband and his heir and afterward suffer a  common recovery in the court of common plea the question be what effect the  recovery have upon these copyhold land Hardwicke Lord chancellor though by the  custom of several manor copyhold estate can be entail yet they be capable of  such limitation as may make they feesimple conditional and it will make no  difference that she be not seize of the legal estate for the trust estate of a  copyhold can in no case be capable of a entail where the legal estate be not  it be necessary that there shall be the same rule concern property in law and  equity though as to the manner of convey estate some difference may be make a  court of equity will in many case dispense with the ordinary form in pass  estate but never introduce any rule that may vary the nature of they at  commonlaw the wife therefore be tenant of a feesimple conditional have power  to dispose of it by surrender after the condition be perform I e after issue  if the estate have be entail it will have be necessary to have bar the entail  by some proper mean either by a recovery suffer in the lord court if the  custom of the manor have admit of it or by a surrender and though the entail  have not be of the legal but of the trust estate all possible endeavour ought  to have be use to have bar it in the ordinary way and the rule of the  commonlaw in regard to the bar of such estatetail ought to have be pursue as  near as possible accord to the case of Otway v Hutton a vern a where in the  case of a tenant in tail of a copyhold estate with a remainder over the  trustee refuse to surrender the estate to he and he bring his bill to compel  they and pen that suit he go to the lord court and offer to surrender but be  refuse not have the legal estate and thereupon he make his will and devise his  estate to his wife and child the court conceive the will sufficient to bar the  entail of a trust he have do all he can and decree the estate to go accord to  the will but a recovery suffer in the court of common plea will not have bar  such a trust estatetail as this in the principal case suppose it to be a  estatetail unless the trustee have refuse to surrender c but take this estate  to be a feesimple conditional at commonlaw in trust for the wife as it real be  after the condition perform she may have devise it have she be sole by will  which will have operate as a good appointment of the trust be a feme covert  she have join with her husband in and execute a deed to make a tenant to the  prcipe and suffer a common recovery in the common plea together with he the  use of which have be declare to be to the husband and his heir now it be  certain that a feme covert may by a common recovery convey her feesimple land  as well as bar a estatetail for she be secret examine before the recovery be  modern report suffer she be as effectual bar as she will be in the case of a  fine but beside this deed and recovery the husband and wife have go further  they have bring their bill in this court against the trustee to convey the  legal estate and a decree have be make for that purpose which I be modern  report er p to suppose have be carry into execution so that all have be do  that can be do to transfer the estate to the husband and I be of opinion that  it be well transfer and I do not see how this differ from the devise of a  trust copyhold estate which have always be hold good