coke a paulet marquis OF Winchester case Trin Elizabeth in the king bench upon  suggestion that a devisor be not of sane and perfect memory at the time of  make a will which will contain a devise of manor land c as well as of coke  report b er p personal property a prohibition be grant general and not special  for the land only hetl Bulst Orph leg the late marquis of Winchester as it be  suppose make his last will and testament in write and thereby do devise  diverse manor land and tenement of great value to his repute son and make they  executor and further devise that diverse manor land and tenement of great  value also shall be sell by they and bequeathe also diverse legacy of plate  money c and this will be endeavour to be prove in the prerogative court by the  repute son and because it appear by diverse witness and by many notorious  circumstance that the say marquis be sick et many men carry senectute be not  of sane and perfect memory such as the law require at the time of the make of  the say suppose will for by law it be not sufficient that the testator be of  memory when he make his will to answer familiar and usual question but he  ought to have a dispose memory so that he be able to make a disposition of his  land with understanding and reason a Doug burn e l Phill Addams a and that be  such a memory which the law call sane and perfect memory upon this matter a  suggestion be frame in the name of the now marquis as son and heir to have a  prohibition out of the king bench suppose that he be not of sane memory at the  time of the make of his will which matter the now marquis have plead in the  spiritual court in stay of the probate of the say will and it be move in court  by the attorneygeneral of counsel with the marquis to have a prohibition  generallystay all the proceed in the ecclesiastical court hetl hob hard Cr  James Bulst roll Rep roll Rep Cr car more still Yelv comb vent hard side as  well for the legacy and bequest in the personalty as for the land and the  reason and ground of coke b this motion be that forasmuch as the will concern  the land and the testament concern the good be mix together in one will if the  ecclesiastical court shall proceed concern the testament of the good it will  prevent and prejudice the trial in this court for if he be of sane memory at  the time of make of the testament of the good he can not be of non sane memory  at the time of make of the will of the land both be make at one and the same  instant and the commonlaw ought to determine what shall be say sane and  perfect memory at the time of the make of the will concern the land and  therefore the prohibition shall be general quod to be concession per totan  curian and the attorneygeneral cite a case between Lloyd and Lloyd mich  Elizabeth n this court where it be rule accord interminis terminantibms and  that no consultation shall be grant for any part till the matter be try in  this court quod notam and therefore a prohibition be grant general by the rule  of the whole court et postea part concordaveru a Lord Ellesmere in his  observation pp and remark the will for so much as concern the land be to be  try at the commonlaw for so much as concern the good be to be try in the  spiritual court and therefore since the commonlaw have only power over the  land and no power over the good it be no reason that the commonlaw shall  prohibit the ecclesiastical judge general but to grant a consultation quoad  good et bequest and so the prohibition to e for the land only and hereby to  leave to each court its proper power and this the rather because the probate  of a will in the ecclesiastical court conclude not the court of the commonlaw  by stay the probate of the will as to the good and legacy the executor of the  party be disable to sue for any debt due to their testator for they can  maintain no such suit without sue forth such testament prove under the seal of  the ordinary and this may bring in many mischief that the executor can pay  debt because they can recover they that legatee can have the thing give they  because the hand of the spiritual judge be tie that they can proceed upon any  part of the will upon such bare suggestion of the devise of a little land only  in partridge case salk prohibition to probate of will of land and good be deny  and the court deny the marquis of Winchester case and say that the statute h  never intend to lessen the jurisdiction of the ecclesiastical court as to the  probate of will and to grant a prohibition may be inconvenient for without  probate the executor can sue for debt which by this mean may be lose and the  will unperformed as for grant it quoad the land it will be vain Vid Ro side  this be the practice heretofore because it be no evidence either pro or con in  any court of law but a proceed in person non judge yet it be good as to the  good and in lady chester case vent hale say that the ecclesiastical court may  prove a will which contain good and land though former a prohibition use to go  quoad the land Vid also Keller v Brett cro car burn e l it will seem from what  fall from the court in netter v Brett Jones that a consultation be grant in  this very case of the marquis of Winchester Vid roll ab Montgomery v clark atk  strouds case Mod the ecclesiastical court will grant probate if the will do  not appear evident to apply only to freehold property Durken v Johnson cit  Thorold v Thorold Phill a coke report a er p