case Piggott vers sir henry Penrice ux in canc consider mayor of Hamilton v  Hodsdon Moo p c not apply Murphy v Donnelly ir r Eq the same circumstance  ought to be prove to be perform to make a good revocation in equity as at law  unless prevent by the person interest Eq Abr pl SC Ch Prec SC pale yellow Rep  SC Mod pow on power vern Eq Abr pl SC Freem S c upon a bill bring for a  account of the real and personal estate of the case appear to be this sir John  Spencer die without issue and intestate by which mean his estate descend to  his four sister Elizabeth gore mother of the defendant wife which Elizabeth be  dead comens and the defendant wife her heir Susanna Nelson whether Meredith  and Alice Piggott wife of the now plaintiff after the death of sir John comens  er p Spencer videlicet on the that of February Susan Nelson make and duly  execute her will in the presence of three witness and thereby devise in these  word I make my niece executrix of all my good land and chattel and die after  her death the plaintiff and Alice his wife be seize of one four part as  parcener of a three part of S Nelson share as coheir to her for the sister  whether and Alice and the wife of the defendant be the daughter of Elizabeth  gore the other sister be coheir to S Nelson if no estate pass by her will levy  a fine of the three part of the manor c which be the estate of sir John  Spencer and by deed declare the use to the plaintiff and his wife for their  life remainder to the right heir of the plaintiff with a proviso that the  plaintiff and his wife or the wife alone notwithstanding her coverture by deed  or write attest b that three witness riot be menial servant may revoke the use  of the inheritance after the life of the plaintiff and limit new use afterward  Alice Piggott be sick write a letter date the that of January to Mr Edward who  prepare the settlement accord to the fine and desire that he will prepare a  deed with speed that since she have a power of revocation and be unwilling  that the first deed shall be make as it be and use argument against it and be  dissatisfy in conscience about it there may be a alteration till when she  shall not die satisfy for we all know my sister Nelson meaning and I give the  inheritance of that part to my niece gore who be the daughter of my old sister  and on the back endorses that he shall keep it secret this letter be send to  mrs Meredith with a desire that she will read it then seal it up and then it  be deliver to Mr Edward about the end of January Mr Edward communicate the  content to the plaintiff and in the beginning of February send a letter to mrs  Piggott by which he desire to know whether she will have the estate limit to  her niece and her heir if she shall die without issue or under age if she will  not in that case augment her charity for by the letter she say also that she  will leave comens per annum to augment the poor live of Offley and per annum  for the poor apprentice on e that of February Mr Edward write another letter  to mrs Piggott to let her know that the deed be prepare for the charity and  desire to know who shall be the trustee on the that of march mrs Piggott die  and Mr Edward in his examination depose that when he acquaint Mr Piggott with  the content of the letter which he receive from his wife Mr Piggott do not as  he know propose any method or use any mean to hinder any revocation or new  deed of settlement and that he receive no other order and no answer to either  of his letter it be now insist upon that the word I make my niece executrix of  my good land and chattel amount to a devise of the land to her for otherwise  the word land will have no signification for the testatrix be possess of no  lease and t be urge that her intention appear by her declaration to the  witness to who she say that if she have never so much the whole shall go to  her niece and that mrs Piggott and mrs Meredith shall not be a groat the  better for what she leave and this be confirm by mrs Piggots letter and though  parole declaration shall not be allow to enlarge the wordsof a will yet they  may explain word which be otherwise ambiguous but on the other side it be  insist that no intention here appear further than to make her niece executrix  and a heir shall not be disinherit but by express word that the addition of  good land and chattel be only a enumeration of the particular which she shall  have as executrix and the word land be insert among personal thing shall be  construe only of thing which she can take as executrix as in the case of  Wilkinson versus Merryland Jones S c roll Abr pl Eq Abr pl infra p a cro car  and if the testatrix have no lease yet she may intend to have some or if not  the import of the word may be that she shall have the rend and emblements of  the land as where there be a to lift up fac de terris catallis the sheriff may  take the corn upon the ground and other chattel and a parole declaration shall  never be allow in the exposition of a will comens and of this opinion be the  master of the roll but will have allow a trial at law if Mr Cowper and Mr  Vernon will desire it but they do not it be then insist that this letter of  mrs Piggott amount to a revocation in equity for it show her intention that  there shall be a revocation which seem to have be obstruct by the plaintiff  for Mr Edward be his agent and be comens er p desire by the letter to be  secret afterward he communicate it to the plaintiff and though he depose that  be do not know that Mr Piggott do propose any method or use any mean to hinder  c yet the manner of pen his deposition be suspicious and when he be desire to  prepare a deed for the revocation with speed he do nothing nor write any  answer till February and then desire to know if the estate shall be to the  defendant and her heir when the letter have mention that the inheritance shall  be settle on her niece and it do not appear whether his letter ever come to  mrs Piggott but the delay seem to be affect and Mr Piggott must necessary be  suppose to have be the cause of it but the master of the roll will not allow  this to be a revocation for there be no proof that Mr Piggott hinder the  execution of the revocation if his wife will execute it but at the same time  be declare that Mr Edward be culpable and if it have be prove that Mr Piggott  have hinder any body from come to his wife or prevent the execution or  obstruct the engross of the deed of revocation he will have allow it as a good  revocation against he but this not be prove the same circumstance ought to be  prove to be perform to make it a good revocation in equity as be requisite to  make it a revocation at law for if all the circumstance of the power be not  pursue it will not be a good revocation in equity or at law and so it be  resolve in the case of Ch Cas Ch Rep a bath and Montague afterward on the that  of may in easter term follow this cause be hear before Lord chancellor Cowper  upon a appeal and the former decree affirm as to the devise in comens these  word videlicet I make my niece executrix of my good land and chattel he think  there be no ground in any court to construe that a devise of the land or to  subject land to the payment of debt for the will begin with a expression  improper for the devise of land videlicet I make my niece executrix which have  nothing to do but with the personal estate then when she add of all my good  land and chattel that be only a enumeration of the particular which she shall  take as executrix and the term land be not insignificant for it import that  she shall take the rend of the land but do not amount to a devise of the  inheritance of the land for the law will not permit a heir to be disinherit by  implication as to the revocation the letter do not amount to that for though  perhaps her intention be to favour her niece and there be a delay or neglect  in the agent Mr Edward with a design to favour his friend Mr Piggott yet this  endeavour of she without any thing do in pursuance of it and without pursue  the circumstance of the power will not amount to a revocation when a person  confine his power to particular circumstance it be do with a design to prevent  his be surprise if a deed of revocation have be prepare and ready to have be  execute but three witness who be not menial servant can not have be get and  this by Mr Piggotts mean perhaps it may under such circumstance have be allow  a revocation the testatrix b her second will give part of these land to  charitable use and they be decree at the roll to be good as a appointment upon  the Act of parliament notwithstanding there be no revocation pale yellow Rep  Prec Ch SC Eq Abr pl SC vin Abr title charitable use b pl comens de term sanct  hill geo I in scacc