case edmund Hampden appellant richard Hampden respondent saint march Mews dig  xv follow on point as to presumption in William v William Beav a be examine as  a witness touch the existence of the will of b it be object that he be a  interest witness because the testator owe he money and have charge his estate  with the payment of his debt the witness have no remedy unless the pretend  will be establish but this debt appear to be a mortgage make by the testator  ancestor the objection to a s competency be overrule because his security can  not be effect let the event of the cause as to the will be what it will I S  the heir at law of a artful obtain the original will of a from the executor  and devisee and by suppress it lie claim to the whole real estate on a bill  file the court declare that the content of the will thus suppress ought to be  most strong presume against the defendant and to be take as state in the  plaintiff bill because if the bill be otherwise it be in the defendant power  to make it so appear by produce the same if he think fit and therefore it be  decree that the plaintiff shall hold and enjoy the estate until the defendant  produce the will and further order wms viner vol p can I previous to the  marriage of Edmund Hampden and Elizabeth his wife the father and mother of the  present party certain land at great Missenden in the county of buck be settle  on the husband and wife for their life with remainder to the first and other  son of the marriage in tail remainder over Edmund the father be in the year  great involve in debt prevail with the appellant his old son to join in suffer  a recovery of the settle estate for the purpose of raise money by mortgage to  discharge the debt this be accord do and though the particular use of that  recovery be not state yet it seem probable from the circumstance of the case  that the father be make tenant in fee on the that of August Edmund Hampden the  father die have first make his will and thereby devise all his real estate to  the say Elizabeth his wife and her heir etcetera and also brown bequeathe to  her all his personal estate and make her sole executrix soon after the father  death the appellant who be a solicitor in chancery go to Missenden to see his  mother and have desire to see his father will the same be show to he when  without express any dislike to it he insinuate that it ought to be prove in  the prerogative court and that to save his mother the trouble and expense of a  journey to London for that purpose he will take the will with he and procure  it to be duly prove there and under this pretence the appellant actual get the  will into his custody repeat application be make to the appellant by and on  the behalf of his mother to restore the will but without effect and he take a  unfair advantage of this circumstance lie claim to the whole estate as the  heir at law of his father and upon a allegation of his have die intestate the  appellant exhibit his bill in chancery against the mother for a account of the  rend and profit and against the mortgagee for a redemption but the mother  instead of answer his bill make a brown er p affidavit of her have deliver the  testator will to the appellant in manner aforesaid and thereupon apply by  petition to the master of the roll to have the same restore in order that she  may be thereby enable to put in her answer and defend the suit and his honour  after hear counsel on both side be please to order that the will shall be  deliver to one of the examiner of the court and that the mother shall not be  oblige to answer till that be do this order however be not obey but the  appellant so far acquiesce under it that he never call for his mother answer  nor be any further proceed ever have in that suit on the that of April mrs  Hampden the mother die have first make her will whereby after declare and  affirm that she deliver her husband will to the appellant in order to be prove  and not otherwise she give he a legacy of pound upon condition that he do  either in her lifetime or within one month after her decease deliver the say  will to her son Richard the respondent and after give a legacy of pound to the  respondent and a like legacy to her son Henry and her daughter faith and Ann  the testatrix give all the rest of her real and personal estate for the  payment of her debt funeral expense and legacy and of her say will make the  respondent sole executor and residuary legatee soon after the mother death the  respondent prove her will and deliver a copy thereof to the appellant request  he to deliver up their father will but he refuse so to do and the respondent  be thereby unable to satisfy and discharge the encumbrance affect the estate  he in easter term exhibit his bill in chancery against the appellant brown and  other pray a discovery of the father will and that the same may be deliver up  and establish that both the will may be prove per testes and that the  plaintiff may be at liberty to redeem the mortgage to this bill the appellant  put in a answer and thereby positive deny that he ever have his father will or  know thereof he also exhibit a cross bill as the heir at law and administrator  of his father for a account of his real and personal estate pen these proceed  in equity a suit be institute in the ecclesiastical court where after a  examination of witness and a full hear sentence be pronounce revoke the letter  of administration which have be grant to the appellant and establish the  father will on the that of December both cause be hear at the roll when his  honour declare he be full satisfy that Edmund Hampden the father do make a  will and that the same after his death come to the hand of Elizabeth the  mother and be by her deliver to the defendant Edmund in order to be prove and  in regard the say defendant to the intent that the content thereof may not be  know have suppress the same it ought to be most strong presume against he and  to be take as set forth in the plaintiff bill because if the will be otherwise  it be in the power of the defendant Edmund to make it so appear by produce the  same if he think fit it be therefore decree that the plaintiff shall be at  liberty to redeem the say mortgage and that he and his heir shall hold and  enjoy the estate against the say defendant Edmund and his heir unless the say  defendant shall produce to the court his say father will within six month then  next follow and be he so do then the party be at liberty to resort back to the  court touch the same from this decree the defendant appeal to the Lord  chancellor Cowper and the cause be hear on the that of December his lordship  be please to affirm the former decree the defendant therefore bring the  present appeal insist S Dodd f honeyed wine that the decree at the roll be  make upon the affidavit and order make in the first clause bring by the  appellant against his mother neither of which ought to have be read to gain a  title to Elizabeth the mother or to the respondent as claim under her and yet  without this affidavit there be not sufficient evidence to show that the  appellant ever have the will nor be there any witness produce who ever see it  after the father death that the rest of the evidence consist of some lose word  and letter the sentence in the ecclesiastical court and a deposition of one Mr  well but which deposition ought not to have be read as it manifest appear that  well be a interest witness he have money brown owe to he from Elizabeth and  she have charge the estate with the payment of her debt he have brown er p no  remedy unless the pretend will can be establish so as to make this the estate  of Elizabeth but Elizabeth have in her lifetime convey a part of the estate of  the value of about pound to the appellant and his heir he ought at least to be  permit to hold that part and to redeem any encumbrance affect the same on the  other side it be say t powys h Collett that the objection to the competency of  Mr well be make at both the hear and overrule it appear that the money due to  Mr well be advance at the joint instance of the appellant and respondent upon  the credit of a mortgage of the estate in question make in the father lifetime  and which they both agree shall stand as his security so that be the event of  the cause what it will this security can not be in any wise affect and  consequent Mr well be a fair and indifferent witness and as to the conveyance  from Elizabeth of part of the estate to the appellant and his heir it be only  suggest in the respondent bill in order to draw forth a discovery of a  particular piece of evidence relative to Elizabeth title but no demand be make  of this estate by the appellant bill because he well know that such conveyance  if it real exist be fraudulent obtain by he from his mother for the sole  purpose of qualify he to vote at a election for member of parliament for which  reason he never insist thereon at either of the hear and if he have there be  nothing sufficient to ground any decree upon concern it accord after hear  counsel on this appeal it be order and adjudge that the same shall be dismiss  and the decree therein complain of affirm jour vol p