case burr against DAVALL a will well execute shall not be set aside or the  testator consider non compos chin on account of the disposition therein be  imprudent or unaccountable on the trial of a issue out of chancery on the  validity of sir Thomas Davalls will try at the bar of the court of king bench  the case be thus sir Thomas Davall have two son and be take ill on the fifteen  day of April he make his will about four day afterward and devise his estate  in Essex be about sixteen hundred pound ayear to his old son and the heir of  his body and his Middlesex estate be about seventeen hundred pound ayear to  his young son and to the heir of his body and that if either of his say son  die without issue then the estate of he so die shall remain and go to the  survivor and if both his say son shall die with issue then he devise the whole  estate to Daniel burr the lessor of the plaintiff and his heir both the son  die without issue and lady Davall the widow of the testator and who be his  heir at law lady Davall be the testator widow but not his heir at law and be  not at all concern in the cause indeed she be daughter to Lydia Vanhattem  niece to the two mrs Davalls and firstcousin to mrs dovey but she have a  brother live Mr John Vanhattem the testator heir at law be the say Lydia  Vanhattem Elizabeth Davall mary Davall and the say Catherine Bovey note to  former edition a endeavour to set aside this will modern report er p the  question be whether sir Thomas the testator be compos chin at the time be make  this will to show that he be not it be argue that a father in his sense will  not have leave his young son a great estate than he leave to his old who have  only his Essex estate and by article in marriage he be bind to leave his young  child ten thousand pound out of that estate and his lady six hundred pound  ayear jointure out of that very estate beside if the testator have be ill his  sense the word in his will will not have carry all estate to the lessor of the  plaintiff for the devise be to his son c and that if both die with issue  instead of without issue then modern report to Daniel burr so that this be a  condition precedent the plaintiff can have no estate by this will neither  shall the probate thereof by the executor add any strength to it in this court  since the defendant be next heir at law to the testator at that very time so  it be hold in the case of sir George Markham v Lord Montague where the will be  prove by the heir at law yet by the judgement of this court confirm on a writ  of error in the house of lord it be avoid as to the real estate e contra it be  no objection to say that the testator be not compos chin because be do not  dispose his estate with that prudence another man may have do for be himself  be the proper judge why be devise it in that manner and it be very probable  that in his last sickness he do not remember out of which part of his estate  his wife be to have her jointure so that if this will shall be set aside for  the reason suggest by the defendant counsel then there will be but little room  leave for a man in his last sickness to make any settlement or provision for  his family then if there shall be any doubt whether the word in the will be  die with issue or without issue it ought to be take in that sense which make  the will consistent with reason and good sense at this trial the counsel for  the plaintiff object against a witness produce by the defendant to prove that  the testator be non compos chin videlicet that he be to get by the success of  this cause to which it be answer that there be but two way of except against a  witness either as to his oath or by prove that he be a disable person and this  must be do on the other side the jury find for the plaintiff michaelmas term  the nine of George the first in the king bench sir John Pratt Knt chief  justice sir Littleton powys Knt sir Robert Eyre Knt sir John fortescue aland  Knt justice sir Robert Raymond Knt attorneygeneral sir Philip York Knt  solicitor general