case vernon versus jones vern S c Eq Abr c S c freeman S c wms atk S c cite  one by will devise land to trustee in trust to pay pound per and rentcharge to  his wife for life for her jointure and other legacy and charge thereout after  which he and his wife join in a mortgage for raise and levy a fine accord and  he execute a deed of trust to sell for payment of debt and the surplus to be  to he and his heir yet after his death all this hold no revocation but only  pro tanto so that the wife allow to come in for her pound per and and the  other legacy and charge to take place if sufficient if not in proportion sir  Thomas Vernon have mortgage his estate for year and then marry and afterward  make his will and devise all his land to trustee upon trust to sell except his  capital message c to pay certain debt and afterward to raise per and  rentcharge out of the except land for his wife for life for her jointure  provide she release her dower and also to raise certain portion for his  daughter and a maintenance of pound per and for his old son and soon after he  make another mortgage for pound and the wife join in a fine upon this mortgage  and about the same time he make a deed of trust whereby be convey all his land  to several person who be surety for some of his debt in trust to sell all or  any part for payment of his debt and that afterward the surplus shall be to he  and his heir afterward sir Thomas Vernon die without new publication of his  will and the question be whether by this mortgage fine and deed of trust  subsequent to the will that be so revoke or the wife so bar that she shall not  claim the per and thereby it be urge for the plaintiff that this mortgage and  fine subsequent to the will be without doubt a revocation of it in law and  that there be no reason why equity shall relieve against it and that the deed  of trust make the case much strong for whereas by precedent in chancery his  will he have subject his land with exception of some particular to be sell for  payment of debt and make those except land a fund to raise pound per and for  his wife fortune now by this subsequent deed of trust he have subject those  except land as well as the rest to be sell for the purpose in that deed and so  have destroy the fund upon which the pound be by his will to be raise for his  wife and have declare the surplus of all after debt pay and his trustee  indemnified to be to himself and his heir and to obviate any objection which  may be make as if the wife have a right of dower may be a consideration for  the pound per and give by the will and so she a kind of purchaser it be say  there be a mortgage upon the whole estate before the intermarriage and so the  wife title of dower of no consideration at all or if it be she have bar  herself thereof by join in the fine upon the second mortgage precedent in  chancery er p on the other side it be say that notwithstanding the mortgage  which be precedent to the marriage yet that be but for year the wife be  entitle to her dower and will then be entitle in equity to redeem the mortgage  on payment of her proportion of the mortgage money and that the pound per and  be devise to her by the will upon condition that she shall extinguish her  dower which she have do by join in the fine upon the second mortgage and shall  be intend to be do in compliance with the direction of the will and therefore  ought not to be turn to her prejudice that the subsequent deed of mortgage and  fine and the deed of trust be all make for particular purpose shall not be  intend a total revocation of the will but only pro tanto and to serve those  particular purpose and several case be cite to that purpose as the case of  hall versus Dench post which be decree at the roll and after affirm in court  and be to this purpose a man make his will and devise precedent in chancery  certain land and after mortgage they in fee yet hold that this mortgage shall  not be a total revocation of the devise but only to let in the mortgagee and  mrs danby case be remember where she join with her husband in a fine in make a  mortgage which afterward do not proceed then her husband die and she bring a  writ of dower and get judgement by default and the heir can not be relieve  against it here as he certain will have be if that fine have be a bar of her  dower in equity as it be at law some case also be cite where even at law  several deed and act shall be account but as one and therefore it have be  adjudge that where a man have a power to revoke use by deed and he levy a fine  of the land and afterward declare the use by deed though this fine of itself  single will have be a extinguishment of the power of revocation yet the deed  that come after shall be couple with it and be account but one act all the  three commissioner be of opinion that neither the mortgage and fine nor deed  of trust shall be a total revocation of the will be make for particular  purpose but that after debt pay the widow shall have her pound per and and the  young child their portion if the estate be sufficient to pay all and if not to  be pay in proportion in Vernon report there be a query add by the reporter in  respect of the decision of this case but Lord h affirm it to be right atk