c earl OF Lincoln case S c Eq can ab will revoke the late earl devise his  estate in fee and afterward be in treaty of marriage he by lease and release  convey his estate to trustee to the use of he and his heir until the marriage  take effect and after the marriage to the use of himself for life remainder to  his intend wife for life with remainder to issue c the earl afterward die  before the marriage the question be whether this conveyance shall amount to a  revocation it be argue that it be not a revocation because when the marriage  take no effect the conveyance take none neither but see sparrow v Hardcastle t  r note freeman and it be say that a feoff in fee to the use of the devisor and  his heir will be no revocation because it be in the nature of the old  use Contra roll ab cave v Holford Ves that which be a revocation at law be  sometime none in equity the rule of construction as to what be or be not a  revocation be the same in equity as at law parson v freeman atk the case of a  mortgage in fee however be a exception see infra note as a fine levy to  corroborate the will be a revocation at law in strictness but be levy for that  purpose it be say per finch that it will amount also to a republication in  equity and the same it be of a feoff for that purpose and so it be say it have  be hold in this court and two case be cite of thorn and thorn vern and of hall  and Dunch cite ante c p report vern Ch Rep in where the court of equity have  rule that to be no revocation in equity which will have be so at law and a  case be cite of Montague and jefferies more Rep roll in which case it be hold  that a covenant by jefferies c b to settle certain land to the use of himself  and his wife be a revocation of a will previous make by he though the feoff be  not regular complete see ex part earl of Ilchester Ves agree a lease for year  be a revocation only pro tanto unless make to the devisee and then in toto  accord to the case cro throw freeman er p agree a mortgage in fee be no  absolute revocation but the equity of redemption will go to the  devisee Sparrow v Hardcastle atk ante c p resolve afterward that it be a  revocation and upon a appeal so hold in the house of lord show p c in do v pot  dougl Lord Mansfield say the absurdity of Lord Lincoln case be shock but it be  now law and in bridge v duke of chandos Ves jun Lord Loughborough c say if  ever a case bear hard upon the mind of the court it be Lord Lincoln case but  it have never be contradict and the great case of Goodtitle v Otway t r have  put the question it may be hope out of the reach of future discussion carry  only by two lord freeman de term S trin in curian porter