chapman against guy prerogative court Michaelmas term December that after  sentence the court reject a application on behalf of the party who have  establish a will offer for the purpose of show the mala fides of his opponent  with the view to a condemnation in cost John chapman die that October leave  his widow mary chapman and a daughter mary guy make his will date that October  appoint his wife executrix and universal legatee mary guy as daughter put the  executrix upon prove it by witness the executrix propound it give in a common  to put together and examine the three subscribe witness who prove execution  and capacity but do not prove instruction to read the will to decease guy  administer interrogatory to chapman witness but do not plead or oppose a  sentence be give for the will I give sentence for the will and then the  counsel for chapman move that they may be at lee liberty to read affidavit to  prove that guy know decease be in his sense and that she approve the will  after his death and therefore be in mala fide in oppose the will and put the  executrix to cost in order to have guy condemned in cost or if affidavit be  not proper evidence to allow they to plead the fact contain in the affidavit  in a allegation and dr Paul for chapman cite this case prerog Dec Cranwell  against Edward John shilling make his will in the east Indies and appoint John  Cranwell his executor Edward the decease sister and next of kin have certain  information of this will but she nevertheless take administration to he as die  intestate the court condemned her in cost judgment sir George lee I say I  think the court have do very right in that cause for the sister be clear  guilty of a mala fides but in this case guy have only do what she have a right  to do as next of kin that this attempt be entire new she the executrix may  have plead guy knowledge of decease capacity and her approbation of the will  in the cause instead of give in a common to put together but as she have  neglect that opportunity she can not now plead after sentence or exhibit the  affidavit for that will be graft a new cause upon the first and will make suit  endless that the ground for give cost must be take from what appear in the  cause itself and must not arise from matter subsequent that here guy have do  no more than what by constant practice she have a right to do without pay cost  as be entitle to distribution under a intestacy and though in this case the  court have give sentence for the will lee yet the evidence be as slight as can  be in any case the testator be on his deathbed and nothing be prove but a bare  execution and a general capacity I therefore reject chapman petition and  refuse to condemn guy in cost and then guy counsel move that chapman may be  condemned in the cost of the day she have give in many affidavit which guy  have be force to answer but I refuse to give cost on either side