case William hedge Esq and robert hedge gentleman plaintiff dame and hedge  widow and John hedge and Charles hedge infant by the say dame and hedge their  mother and guardian and John edmonds and Susanna his wife defendant November  pre Ch vin ab pale yellow Eq Rep S c can pass as a devise because not in the  will nor can be a donation causan death because he give it in his lifetime in  contradistinction to a devise but it be a gift good fide not in fraud of the  custom and in lieu of what he have give out of his legatory part which he have  power to do a advancement at a certainty if the party will have the benefit of  the orphanage must be bring into hotchpot where a deliberate act be do  although it attain not the end design and shall in consequence prove quite  contrary not relievable in equity the bill in this case be file by two of the  child of the testator sir William hedge citizen decease by a former marriage  against the widow and two child of the second marriage and Edmonds and his  wife a daughter of the first marriage for a account and their orphanagepart of  the testator sir William hedge personal estate as against Edmonds and his wife  no question arise the question that do arise be on the follow circumstance the  testator have in it all a debt of pound due to he from the mercer company  secure by their bind on the that July make his will and thereby give the say  debt of pound and the bind secure the same to the defendant John hedge and  Charles hedge and the survivor of they it then appear that some time afterward  but when in particular be not state the say sir William hedge deliver the  aforesaid mercer company be bind for pound to one sir James Bateman with a  note under his sir William hand to the clerk of the say company desire that  the old bind may be cancel and a new bind in sir James bateman name for the  say give which be accord do in sir William hedge lifetime and the new bind be  deliver as it shall seem though it be not state in word by the testator to sir  James Bateman for the use of the say defendant John and Charles hedge after  this videlicet on the that Aug two day before the death of the say testator  one John Nicoll the defendant dame Ann brother come to visit the testator and  be desire by he to peruse the say will and to insert a legacy to one of the  plaintiff therein which he do and then the say John Nicoll be inform that the  testator have give the pound debt and the bind secure the same to the  defendant John and Charles hedge raze out of the will the bequest of the say  pound to the say lastnamed defendant say it be best to be so and then he make  the follow endorsement on the will memorandum that the within write will and  codicil be on the that avg republish by the say sir William hedge after the  several obliterations and interlineation be by his direction make in the d  that that and that paragraph of the say will the say John Nicoll then read  over the say will so alter and raze to the testator and tell he that he have  give to the defendant John and Charles hedge the say pound in his lifetime and  intend it above what their share of his personal estate may be it will be more  security for they that the say pound be strike out of the will and thereupon  the say testator republish his will so alter and raze and then die the  defendant dame Ann after his death prove the will as executrix and possess  herself of the personal estate of the testator after several deduction and  among they of the say pound to the amount of pound S d and pay the Vernon  chancery case er p plaintiff a quarter part thereof and they take the same and  give receipt respective to the say defendant dame and as such executrix for  such respective quarter part in full of all account respect the personal  estate of the say testator and such receipt be insist upon by the defendant as  conclude the plaintiff in respect of the say of which they claim respective a  share and the decree be whereupon full give by the plaintiff to the defendant  c the court declare that the receipt in dame and hedge ought not to bind the  say plaintiff or to bar they of any right to the say sir William hedge  personal estate the say receipt appear to be by they give and that as to the  pound secure by bind from the mercer company it appear that the say bind be by  sir William hedge direction take in sir James bateman name in trust for the  defendant John and Charles hedge the two young child and the same be a act do  in the life of the say testator it ought to be take as a advancement of his  say two young child and that in case the say defendant John and Charles hedge  will insist to have any share of the orphanagepart of their say late father  personal estate they ought to bring the say pound into hotchpot and in their  default of so do that the whole orphanagepart of the say sir William personal  estate be pay to the plaintiff and then the decree proceed to direct a account  in the usual way and in case the party differ as to what shall be reckon the  orphanagepart of the personal estate then they be direct to apply to the Lord  mayor and court of alderman of the city of London for their certificate of the  custom the say city in case of the like nature Reg lib a fol this decree  reverse on appeal to dom proc bro p c vide on the general doctrine of the  custom of London on the above head Fouke v lewen ante Vol and case cite in not  there