case in chancery axtel contra axtel march the case election devise eviction  the husband devise three tenement and one call Cox tenement to his wife in  satisfaction of her dower with election to her to take one or the other the  dower or case in chancery er p the legacy afterward he sell Cox tenement and  die without new publish the will the wife insist to have satisfaction for Cox  tenement because her husband give her that with the rest as in satisfaction of  her dower to which she be entitle and the plaintiff can bar her of her dower  by the will but the land devise be but church lease and say her counsel she  ask nothing of the court but that she may have only what the law give her  chancellor she must take the will S it be at the time of the death of her  husband for till then this no will let her choose one or the other she may not  have both and decree accord note not only the devisees election but even his  right or Title to the estate or thing devise may be destroy by any subsequent  equivalent Act of the devisor for the will be ambulatory and revocable till  the testator death his sale or other disposal of the estate c be a revocation  of the former devise and consequent in this case deprive the devisee of the  benefit of that election former devise to her what will be a good revocation  of a deed or will c vide Chan c and the case there cite also Chan c c case in  chancery de boundary paschae year king car h in cancellar contra Wilkinson may  account of legacy legacy abate in proportion I S seize of land and house in  fee by his will in write devise to a land of pound per annum in fee to be set  out by his executor and pound to one kinsman and pound to another and die the  executor set out to a land for pound per annum which be worth more and thereby  the land and house leave be not sufficient to pay the pound and pound the  legatee exhibit their bill to avoid the set out of the land the defence make  against it be saint that the devise of the land be a specific legacy and  consequent not to come in average with the other legacy but the Lord  chancellor decree that it be not a specific legacy but quantitate and  therefore if there be not sufficient each shall bear his share in the loss but  then it be object that it be not practicable in this case because that a have  for valuable consideration alienate some part of the land the Lord chancellor  decree that sir I S a master of the court examine the value of the land and  house what they be worth to be sell at the testator death and if a have more  than his proportion of the whole value to pay for it