And Equities 128. Lands which are in mortgage, and whereof of Redemp- the devisor has only the equity of redemption, will ton. pass by the same words as estates in possession: because lands mortgaged are only considered as a Hele, 1 Cha. pledge for securing the repayment of a debt, and remain in the mortgagor for Philips v. Rep. 101. And Copyholds. Tendrill v. Smith, 2 Atk. 85. Godwyn v. Godwyn, 1 Ves. 226. ante, c. 4. Milbourn v. Milbourn, every other purpose. 129. With respect to the words which are necessary to pass copyholds; it is laid down by Lord Hardwicke, that where copyhold lands are surrendered to the use of a will, they pass by a general devise of all the testator's lands and tenements; notwithstanding there are freeholds to answer such devise. But where copyholds have not been surrendered to the use of the testator's will, they do not pass by general words; because the want of a surrender renders it doubtful whether the testator intended to dispose of his copyholds or not. 130. A person being seised of real estates in 2 Bro. R. 64. Huntingdonshire and Cambridgeshire, and possessed of copyholds in those counties, devised all his messuages, farms, lands, tenements, and hereditaments with the appurtenances, in Huntingdonshire and Cambridgeshire, to his wife for life, &c. The copyholds were not surrendered to the use of his will; and therefore the Master of the Rolls (Lord Kenyon) held, they did not pass by it. Lindopp v. 131. A person devised to trustees all his messuages, Everall, 3 Bro. R.188. Cottages, lands, tenements, hereditaments, and real estate whatsoever, situate within the parishes of N. &c., and also all his messuages, &c. in S. and P., upon trust to sell and dispose of the same, to pay his debts and legacies. The question was, whether a small copyhold estate, which was supposed to be freehold, passed. Lord Thurlow held, that it did not pass for though, where the copyhold is necessary to pay debts, it is held equivalent to a description of it, yet here, it not being necessary for that purpose, it should not pass, for the further purpose of going to the younger 15 Ves. 396. child. Church Mundy, 3 Atk. 8. 132. A person devised in the following words: Gascoigne v. Barker, "I give to my son Henry all my lands, tenements, and hereditaments, in possession and reversion, freehold and copyhold, in the parish of Chiswick, or elsewhere in the county of Middlesex, (which copyhold lands I have surrendered to the use of my will,) to him and his heirs." Lord Hardwicke held, that the words in the parenthesis were to be taken as restrictive of the first words Wilson v. of the devise; so that the devise should be construed Mount, only to extend to copyholds actually surrendered, S. P. and not to any others. 3 Ves. 191. $43. 133. In the case of Rumbold v. Rumbold, the copy- ante, c. 4. holds, not having been surrendered, were held not to have passed by the will. 134. Where a testator had freehold, customary, Roe v. and copyhold estates, and devised two rent-charges 5 East, 51. out of all his real estate, and also two copyholds in Middlesex for lives, and subject thereto, devised all his freehold manors, lands, &c. in Yorkshire; it was held that certain customary estates which the devisor had together with freehold property in Yorkshire did not pass by these words: for as the lands were holden by copy of court-roll, and passed by surrender and admittance, and were generally reputed and called copyholds; and the testator having distinguished in other parts of his will between copyhold and freehold he must be preVOL. VI. S sumed to have used the word freehold in its usual and popular signification, as not including these customary estates, considered by himself as copyholds. WITH respect to the words which are necessary to denote the quantity of estate or interest intended to be given by the testator to the devisee, the courts both of law and equity, in conformity to the general rules of construction already stated, do not require in a devise those legal and technical words which, in a deed, are deemed absolutely necessary to the creation of particular estates; but will carry the intention of the testator into effect, if suf |