case robert and William eyres against the executrix OF christopher eyres in  chancery a testator on his sickbed be ask if he will give his brother anything  say I will give they nothing this do not revoke a former will which give they  legacy cro James cro Elizabeth roll Abr more Owen godb side Com dig Powel on  devise Cowper dougl in a suit in chancery this case be make and refer to the  master of the roll Doderidge Jones and myself justice and to sir John ware and  doctor lee master of the chancery and civilian Christopher eyres the testator  James make his will in write and thereby devise legacy to charitable use and  to the plaintiff Robert and William eyres his brother to the one two hundred  pound and to the other one thousand pound and diverse other legacy to his  other kindred and make his wife executrix save that he appoint his say two  brother to be conjoin with her as executor in trust for his wife for  performance of his will afterward James be sick and send for Mr Damport parson  of the parish and for Mr stone a reader of the temple they come and demand of  he what friend he think best to be his executor to take care of his funeral  and see his will perform and whether he trust any person more than his wife he  answer that his wife be the fit person and therefore shall be his sole  executrix be then move by Mr stone to give legacy to his father brother and  kindred he answer he will not give or leave they any thing but he bequeathe to  Lionel atwood his godson twenty or thirty shilling and be thereupon request by  his wife to give he a great legacy he answer her thou know not what thou do do  not wrong thyself thirty shilling be money in a poor body purse and for other  he leave they to his wife discretion or disposition and the testator do speak  these word or the like in effect mind to cause to testify et ultimam will to  disclose all this be set down in a codicil and the first will and that codicil  prove in common form b whether this codicil be a revocation of the first will  for the legacy give to his two brother now plaintiff be the question after  diverse argument as well by the civilian as commonlawyers it be resolve by  they all and so certify under their hand that they conceive it be not a  revocation of the say legacy but they do not certify their reason the  principal reason croak car of their say resolution be because there be a  absolute and formal will make in his health and there be no speech make by he  of his former will nor of the legacy thereby devise to his father brother and  kindred nor that he seem to remember his former will that a answer to a  doubtful question shall not take away the legacy devise before for non constat  what his intent be in use those word for it may be his meaning be not to give  more than he have give before or that he will not give more at that time by  that will and non constat that be hear all the word when he be move to give to  his father brother and kindred and he answer I will not give they any thing  non constat what he intend by those word and therefore upon such doubtful  speech to nullify a will advice make without clear or perspicuous revocation  or word which tantamount shall not be permit also the civilian affirm that  there be a b see stat fraud car c S which require that a will shall be sign by  the devisor or by some person in his presence and by his express direction and  attest and subscribe in the presence of the devisor by three or four credible  witness and enact that no devise of land shall be revoke but by write or any  will of personal estate by word of mouth unless it be reduce into write in the  testator lifetime and execute as the Act direct croak car er p express canon  there can be a revocation of legacy among child without precise mention the  first will and legacy give thereby to the child and they say the law be take  to be so when he have not any child and devise legacy to his brother and there  do not appear any cause of misdemeanour to provoke he to revoke his will nor  do his word import any such intention so upon these opinion the Lord keeper be  assist with the master of the roll and the say three justice decree the say  legacy to the brother the say codicil not have make any revocation of they  case memorandum crew CJ discharge post upon Friday be the ten day of November  sir Randolph crew chief justice of the king bench be discharge of that place  by writ under the great seal for some cause of displeasure conceive against he  but for what be not general know a