case downing against townsend and other saint Nov paper write prove as a  testamentary schedule and hold to have effect from the date to pass what be in  the hand of m at the time of the date not what be at the death of the testator  see post and appendix h lib Reg a foe the paper write be prove as a  testamentary act and after argument on the merit and time take for  consideration Lord Hardwicke chancellor give his opinion two general question  arise in this cause saint what be the operation and construction of this paper  d what sum of money or note be describe by it as to saint two matter be to be  consider saint the nature of the instrument which be now to be take as  testamentary for I be bind by the sentence of the prerogative court d the  period of time to which it relate as to saint the general rule as to testament  be that the time of the testament and not the testator death be regard this  rule admit of variety of distinction and exception one general exception be  where the legacy be universal as of all my good because of the fluctuation of  the personal estate but a specific legacy be no exception ambler er p unless  it be in its nature subject to increase and diminution as a bequest of a flock  of sheep the bequest in this paper come within the general rule for though a  bequest of movable may relate to the time of the death yet that depend upon  the declare intent of the ambler testator which do not appear in this case the  case of dorm v bishop burnet be in point it be hear before Lord Harcourt in  the testatrix give the bishop her house in saint John square and by a codicil  give he all the good she bring into the house except what be mention in a  schedule there be no schedule find and the court hold the exception void but  the devise good and that no part of the good pass except what be in the house  at the time of make the will to d shall consider note as include in the word  money accord to the now establish determination the word have that be I mean  the same as now have and not shall have for the material word I give her be in  the preterperfect sense and there be no legatory word use for the subsequent  word beside which I have give her be a recital only which be hold not to make  a devise in wright v Wyvil lev which be allow to be law by holt c I in Popham  v Bamfield wms I consider this as a do death causan as in Jones v Selby Prec  in Ch a gift in presenti to take effect in going to be after the party death  as a will and be revocable during his life the exposition I must put upon it  be to declare and render absolute the gift of all such sum and note which be  his and in her hand at the time of the date and which he shall permit to  remain in her hand at his death it do not bind he in his lifetime he may have  alter it ad it pleases be it to cover every thing she may get into her  possession at his death it will include whatever she may embezzle or acquire  by accident and be the strong encouragement to fraud two thing therefore be to  beinquired into saint what sum of money and note be in her hand at the time of  the date of this paper she alone can give a account of this and therefore of  necessity her evidence be admit under the strong circumstance against her  ambler d what part of that sum remain in her hand at his death all she claim  for her daughter be by virtue of this paper and the only sum she mention to  plaintiff then be pound which the plaintiff acquiesce in and that bind he  though otherwise he may just have dispute it she conceal this paper from  plaintiff till he have discover further sum in her hand and now she produce it  to cover those sum V sayer v sayer vern the strong presumption shall be admit  against concealment as where deed be suppress Gartside v Ratcliff Charles Cas  nay even a honest debt may be lose by a trick to come at it vern decree  account of those sum and defendant to pay cost