case shall versus sir John Barrington et e contra Lord chancellor Parker Eq  can ab pl word no evidence against a deed solemnly execute heir at law or heir  male to the honour of the family if probable cause to contend for the family  estate shall not pay cost sir Charles Barrington have settle a estate upon  himself in tail remainder to his second cousin the defendant who be  presumptive heir to the honour in case of failure of issue male of sir Charles  for life remainder to the first c son of the defendant in tail male remainder  over with power of revocation reserve to sir Charles who some time afterward  revoke the old use and limit new one upon his young peer William er p sister  mrs shall for life remainder to her first and every other son in tail male  they take the name of Barrington c then sir Charles die and the honour descend  to the defendant upon which mrs shall infant son bring their bill against sir  John Barrington to establish the deed of revocation and limitation of new use  and the defendant sir John bring his bill to set this latter deed aside and to  recover some legacy give he and his child by the will of sir Charles afterward  the defendant sir John die his two infant son revive the suit and enter into  very long and expensive examination but the deed of revocation and new  settlement be full prove and the proof against it no way positive but  circumstantial only as to several expression of peer William sir Charles  declare that he intend his estate shall go with his honour and that it will be  a very ill thing in he to do otherwise c Lord chancellor word can have no  weight against a deed so solemnly execute as this therefore the deed of  revocation and limitation of new use must stand but it be insist that the  defendant ought to pay cost upon his cross bill so far as it controvert the  deed his lordship deny cost for that though the defendant be not heir at law  yet he be very like one be heir to the honour of the family he find by deed a  estate vest in he in remainder and not be privy to the deed of revocation it  be lawful nay reasonable for he to make this enquiry beside but a small party  of the suit be carry on by the defendant father andthe defendant themselves be  infant and have good ground of suit for their legacy and a great estate be  give from the honour it be sufficient for the plaintiff shall to goaway with  such estate without have cost into the bargain vide web v Claverden atk Bernee  v Eyre atk leman v alie Amb Forbes v tailor Ves jun