case goss versus tracy Lord chancellor Cowper vern Eq can ab pl Eq can ab pl a  by his will have devise his land to his mother in fee and the mother be  afterward tell by I S that this will will not be good but ought to be guard as  he call it and that he will make another will for the testator which he will  take care shall be sufficient guard accord I S draw the will which be so draw  that a thereby give the land to his mother for life only remainder to I S in  fee the mother on the death of a bring a bill to establish the first will and  examine the now plaintiff as a witness to prove the ill practice make use of  by I S in obtain the second will after which and before the hear of the cause  the mother die have make her will and give a rentcharge with a clause of  distress out of the estate to the plaintiff and devise the land so charge to  other and there be peer William diverse witness examine to prove a the first  testator non compos when he make a second will Lord chancellor a will though  good at law may yet be set aside in equity for fraud as if a shall agree to  give b bankbill to the amount of pound in consideration that b will make his  will and thereby devise his land to a and accord b do make such a will and a  give b the bankbill but those bankbill prove to be forge this though a good  will at law shall nevertheless be avoid in equity by the testator heir for the  fraud in like manner if a have devise his land to his mother in fee and  afterward I S the defendant have tell a the testator and not the mother as in  the principal case that the will be a void will for want of its be well guard  and that he will make another will for the testator that shall be effectual  guard and accord he have make another will for the testator whereby the estate  have be devise to the smother for life only the remainder to I S the defendant  in fee this will be a good will in law if attest pursuant to the act of  parliament but will be set aside in equity for the fraud but as to the  evidence of the testator be non compos that be entire at law and to be try  there second upon offer the deposition of the plaintiff to be read it be  object that the plaintiff own deposition can not be read forasmuch as he be a  party claim under the will in controversy peer William and so can not be a  witness for the will and sir Joseph Jekyll cite tilly case salk where one be  examine as a witness who at that time be no way concern in point of interest  but afterward become interest and at a trial at bar in this case the judge of  c b send a judge to the court of b b for their opinion in the point who hold  that the deposition can not be read for that the witness himself be live and  he himself can not have be a witness at that time viva voice because he be  then interest but Lord chancellor in the principal case because the witness be  a good witness and disinterest at the time of the deposition take and this be  in the nature of a bill of revivor to have the benefit of the proceed in which  the plaintiff be examine admit the plaintiff own deposition to be read after  which the court direct Reg lib a fol a issue in Middlesex where the will be  make though the land lie in Shropshire to try whether the will by which the  land in fee be devise to the wife be the last will of the testator a upon this  occasion sergeant Hooper obiter put the follow case as have happen in his  experience videlicet I S be the survive subscribe witness to a bind and  afterward the obligee in the bind make I S the survive witness his executor in  a peer William action bring by I S the executor upon this bind the court allow  evidence peer William er p to prove the plaintiff band to the bind he be  disable himself to give evidence as much as if he be dead also in the  principal caseit be declare that a grantee when he appear to be bare trustee  be a good evidence to prove the execution of the deed to himself et vide in I  Chan Rep last edit instance of a will of land be set aside in equity for fraud  say vide contra James v greaves post Vol two Bennet v vade atk web v Claverden  ib anon atk and so with respect to will of personal estate it belong exclusive  to the spiritual court to determine question of fraud in obtain they as well  as the sanity of the testator archer v moss for Nelson v Oldfield ib Kerrich v  Bransby bro p c Marriot v Marriot stram Barnsley v Powell ves Bennet v vade ub  sup meadow v duchess of Kingston Amb but it seem in case of fraud affect a  part only of the will a court of equity will decree the legatee to be a  trustee for another Marriot v Marriot ub sup in Barnsley v Powell ves Lord  Hardwicke set aside for fraud a deed of proxy under which probate have be  obtain from the spiritual court and decree the guilty party to consent to a  repeal of the probate see vern Callow v mime where a witness be examine before  the hear while she be interest but after the hear she release her interest and  be examine again before the master and her deposition before the master be  allow to be read so haw v hand atk Glyn v bank of England ves and see swire v  bell t r Cunliffe v Sefton east Cop v Parry I W vide cross v pike post Vol III  at law a trustee or executor take no beneficial interest be a good witness to  a will Goodtitle v Welford Doug Bettison v Bromley east Phipps v pitcher Taun  marsh S c and a executor be a good witness at law in a collateral action to  increase the asset Wilkes v Lister Esp n p c but a different rule prevail in  equity on the last point Fotherby v pate atk Bellew v Russel ba be Mulvany v  Dillon ib Floyd v powis cite ib burst v beach mad