c lady vernon v jones et all SC Prec in Charles vern Eq can ab lord  commissioner Trevor Rawlinson Hutchins revocation of a will sir Thomas Vernon  of Shropshire in consideration that the plaintiff his lady have join with he  in a fine to take up money upon a mortgage of part of his estate devise to her  per and for her life and portion to his young child and charge the same upon  his estate after this sir Thomas mortgage his say estate in fee to Savile for  pound and after that by another deed convey all his estate to trustee and  their heir upon trust to raise money to pay his debts and the surplus to his  right heir and the plaintiff prefer her bill for her annuity in pursuance of  the will the sole question be whether the mortgage in fee and the conveyance  in trust be likewise of the fee or either of they do amount to a revocation of  the will Baxter v dyer Ves and all three commissioner be of opinion that the  surplus be to his own right heir that be still in his own power and shall be  subject to his disposal by the will and the case of hall and Dench be cite  where after a devise of land the devisor make a mortgage in fee and adjudge  that the devisee shall have the equity of redemption freeman and Trevor say he  always hold it for a r Le in this court and never know it fail that a  conveyance shall never operate far than the intent of the party at the make of  it and here be no appearance of any intent to revoke this will I Rep Cance  content mrs danby case be cite where she join with her husband to levy a fine  in order to the make of a mortgage and hold that it shall not bar her of her  dower and finch say in matter of conveyance the intent of the party do govern  much at commonlaw and cite a case adjudge in the king bench where there be a  power in a conveyance to revoke by deed that a covenant to levy a fine and a  fine levy in pursuance thereof be a good execution of this power although the  deed of covenant alone be no revocation neither be the fine alone because it  be to be by deed and yet both together do amount to a revocation and  declaration of new freeman er p use per hale c I in Leicester case I Ventr who  non to be one connected in space valent herring v brown ibidem Carth show post  c p c p Reg lib b fol the court declare that notwithstanding the subsequent  deed of trust the say will subsist as to the plaintiff annuity and as to the  young child provision after payment of the say mortgage and the other debt  accord to the say deed and therefore decree that the say mortgage and the  testator other debt be in the first place pay and that after payment thereof  the plaintiff annuity and the per annum apiece give to the young child for  their maintenance shall be pay out of the remainder and surplus of the  testator estate and that a account be take of the same and that in meantime  and withinone month then next the trustee shall pay unto the say plaintiff  pound for her present subsistence and so it be if a fine be levy first and a  deed to declare the use afterward this will be a good execution of the power  although a fine alone will have be extinguish yet the law shall take both deed  and fine together as one conveyance accord to the intent of the party it be  decree for the plaintiff