Carvill contra Carvill car f will that the testator Robert Carvill make his  will the that of June and thereby give the plaintiff several legacy and also  legacy to the defendant which chancery report appoint to be pay by sale of  land after the death of his sister Rosamund who with the defendant he make  executor and give his say executor residuum will do you much good and in die  and the say Rosamund be dead that the defendant Robert Carvill be the old son  of Henry the testator brother be his heir at law who insist that the testator  make no such will and that he claim the say land by descent or if any such  will be make the testator be non compos at the make thereof and that no person  be name in the say will to sell t say land and insist on the Act against fraud  and perjury and aver that the testator die not till and that he do not make  and sign that will accord to the say Act there be no witness that have attest  it accord to that Act and do therefore insist that the same be void in law as  to the devise of land and that the same be come to he as heir and he have  since recover the same at law and insist also that the say will be void in law  because no person be appoint to make sale and be but a voluntary disposition  for payment of legacy and not debt the plaintiff ought to have no relief to  make the same good in equity to the chancery report disinherison of the  defendant the heir at law but the plaintiff insist though the testator die  after the say Act videlicet December yet the will be make long before the that  of June and so be not within the intention of the say Act and that though no  person be in express word name to sell the land yet the sale ought to be make  by his executor and the heir ought to be compel to join in the sale the  defendant the heir insist that though the will may be out of the provision of  the Act be make before the make of the Act yet there be no good proof that any  such will be make or publish by the testator this court direct it to law on  this issue Devisavit well non Devisavit and a verdict pass for the plaintiff  this Cause come to be hear on the equity reserve and this court be satisfy  with the verdict which be videlicet that the say Robert Carvill the testator  do make and publish such till and thereby devise the say land to be sell as  aforesaid chancery report this court upon read the will decree the say land to  be sell by the say executor and the say legacy to be pay thereout accord to  the say will