The second part of Reports of cases taken and adjudged in the court of Chancery, from the 20th year of King Charles II. to the first year of Their present Majesties, King William and Queen Mary Being special cases, and most of them decreed with the assistance of the judges, and all of them referring to the register books, wherein are setled several points of equity, law and practice. To which is added, the late great case between the Dutchess of Albemarle and the Earle of Bathe.
England and Wales. Court of Chancery.

Barker contra Hill, 33 Car. 2. fo 278.

THe Plaintiff having Contracted with the Defendants Father for the pur∣chase of a Copyhold Estate,* the Plaintiff paid the purchase Mony, and the Defen∣dants Father agreed to surrender the pre∣misses at next Court, and said, He had made a Surrender lately to the use of his Page  219Will, which would enure to the benefit of any Purchaser; but before next Court day, and any Surrender made, the Defen∣dants Father died, so the Bill is to have the Defendant his Son and Heir to con∣firm the Plaintiffs purchase by Surrender, or otherwise, as this Court shall di∣rect.

This Court decreed the Defendant, when he came of Age to surrender effe∣ctually the premisses to the Plaintiff, and the Lord of the Mannor presently to admit the Plaintiff Tenant to the pre∣misses.