case hall versus DENCH July at the roll sir John Churchill master of the roll  a devise land and then make a mortgage thereof in fee this be a revocation in  law but otherwise in equity post case the case be I S in by his will in write  devise the land in question to a in tail male remainder to the plaintiff in  fee and have afterward occasion for money mortgage these land in fee and in  die a be dead without issue the plaintiff who have the remainder bring his  bill to be let into the benefit of this devise it be object by the counsel for  the defendant who be the heir at law that this mortgage be a mortgage in fee  be a absolute revocation of the devise if it have be but a mortgage for year  then they do admit the reversion will Vernon chancery case have pass and that  will have carry with it the equity of redemption and so the revocation shall  have be pro tanto only but here be a estate in fee mortgage that go to the  whole and be a full and absolute revocation in law vide sparrow v Hardcastle  atk and see that case for the ground on which a mortgagor in fee be consider  as no revocation in equity and be a absolute revocation in law there be no  reason for equity to aid the plaintiff against the heir at law saint because  it be a will make above year before the death of the party dly the testator  intend not a immediate estate to the plaintiff and he be but very remote  consider in the make this will the testator have put the whole estate in the  power of a who have a estate tail may have bar the remainder which be devise  to the plaintiff for the plaintiff it be insist that this mortgage shall be a  revocation only as to the mortgagemoneys and though in law it be a implicit  revocation of the whole estate yet equity will consider the intent of the  party which be only to supply his occasion with the money and not do with a  design to revoke the devise in the will and the case of thorn and thorn be  insist on as a case express in point that a mortgage though in fee shall be a  revocation pro tanto only and the case of one Haggott in the time of the Lord  keeper Coventry be likewise cite as also the case of Montague and Jeffereys in  roll Ro abridgement letter u No vide also York v stone a salk where hold to be  a severance of a joint tenancy the master of the roll be of opinion that a  mortgage shall be a revocation pro tanto only so rider v wager p wms and case  cite in note there where mortgagee by lease and release and fine duke of  Bridgwater v Bolton Lord raym pound cart v cart atk parson v freeman ibidem  Jackson v Parker Amb contra Thomas v north Ch Rep et vide Perkins all v walker  all ante and case cite in note there so not only a mortgage in fee but a  conveyance in fee for payment of debt be a revocation pro tanto only in equity  provide testator remain seize of the same estate William v Owen Ves jun cave v  Holford Ves earl temple v duchess of chandos Ves Harmood v Oglander Ves Ves  Vawser v Jeffere Ves swan and in regard there be four or five witness who  swear that after this mortgage the testator declare his former will shall  stand the master of the roll think that be a new publication of the will and  then certain the equity of redemption well pass though it be object that such  parole declaration since the statute of fraud and perjury will not amount to a  new publication and he say there be four thing which equity favour videlicet  livery attornment so rider v wager p wms and case cite in note there where  mortgagee by lease and release and fine duke of Bridgwater v Bolton Lord raym  pound cart v cart atk parson v freeman ibidem Jackson v Parker Amb contra  Thomas v north Ch Rep et vide Perkins all v walker all ante and case cite in  note there so not only a mortgage in fee but a conveyance in fee for payment  of debt be a revocation pro tanto only in equity provide testator remain seize  of the same estate William v Owen Ves jun cave v Holford Ves earl temple v  duchess of chandos Ves Harmood v Oglander Ves Ves Vawser v Jeffere Ves swan on  the doctrine of attornment vide Inst a wright ten stat whether cap sec Geo two  cap ascent to Vernon chancery case a legacy and the new publication of a will  a court of equity do not favour revocation contrary to the plain intention of  the testator per Lord Chan cart v cart atk and in either of those case a  slender evidence will serve turn see the case of cotton v cotton cite Alford v  earl vol where the testator say his will be in a box in his study be hold to  amount to a republication and whereas the defendant counsel press for a trial  at law whether there be a new publication or not the master of the roll say  the cause must property end Vernon chancery case er p here and where the court  have a jurisdiction as to the end it must have likewise as to the mean and  since he be full satisfy in the evidence he say he will not send it to a trial  at law and decree for the plaintiff