case arundel versus PHILLPOT Freem S c one make a voluntary settlement with  power of revocation on tender of a guinea and afterward settle the same land  to different use but do not tender the guinea whether this be a revocation the  case be that mrs Phillpot in convey and settle part of her estate on the  defendant with a power of revocation on payment or tender of a guinea the  defendant have afterward much disoblige her she change her intention and by  deed and will settle her estate on the plaintiff be the old son of the Lord  Arundel for payment of some particular charge and appointment in some of the  subsequent deed there be some provision make for the defendant which he accept  and seal a counterpart thereof and the bill be to discover whether the first  deed be not well and sufficient revoke or in case the revocation be not  precise accord to the power or be defective yet to have it supply in equity  the plaintiff take the estate charge with several payment c and so be in the  nature of a purchaser and therefore they ought to have the first deed deliver  up and to have the testimony of the witness preserve c per cur this court may  supply a informal or defective revocation but can make a revocation where  there be none and therefore either prove a tender of the guinea or that mrs  Phillpot declare she intend to revoke the former Vernon chancery case  settlement one or other of they shall be sufficient though it have not all the  formality and circumstance mention in the power of revocation so it appear to  be a sober solid Vernon chancery case er p act and do mind to call again but  that can not be make out it be then insist that the subsequent deed shall be  take as a sufficient revocation be of the same land and make to different use  and purpose say non allocatur the plaintiff be direct that July to proceed at  law within twelve month and after trial either party be to be at liberty to  resort back to this court as they shall be advice Reg lib a fol the time be  afterward enlarge and various motion and order thereon make respect the say  trial at law and other proceed in respect of the suit up to the year but no  further entry in the cause appear afterward send vide baron powell argument in  bath v Montague case Ch can where say there be a trial in the case of Arundel  v Philpot and that the tender of a guinea be there prove