case garth versus ware April SC barn Charles Rep a heir at law be as much at  liberty to invalidate the will as the devisees to establish it and such a suit  be to all intent a lie to hang see Worseley v earl of Scarborough post vol a  bill be bring by three devisees against the heir at law of the testator to  perpetuate the testimony of witness and to establish the will it be file in  may Willis one of the defendant in the present cause purchase the three of the  estate from one of the devisees the d of January follow the answer do not come  in till the latter end of January it be object by williss counsel that  deposition take in the former cause on behalf of the heir at law the plaintiff  in the present to prove the devisees papist can not be read againstthe  defendant Willis because this be mere a bill for establish a will and do not  make such a lie to hang as will affect this defendant especial as the answer  do not come in till after the purchase atkins Lord chancellor it will be  attend with great inconvenience and evadeathe justice of this court if these  deposition shall not be allow the answer not come in till after williss  purchase will make no alteration because by the necessary form and delay of  this court very probable they can not be put in soon in S of this nature for  establish a will and perpetuate the testimony of witness the advantage ought  to be mutual and the heir at law be as much at liberty to invalidate the will  as the devisees be to establish it and must be consider to all intent and  purpose as a lie to hang or otherwise it will make the only method which by  the law of England be point out for prove a will vain and nugatory suppose a  heir at law to get into possession of the ancestor estate immediate upon his  death and that during a suit in this court for establish the will of the  ancestor in favour of the devisees the heir convey this estate to a stranger  and afterward the will be establish in this court can it be contend that the  grantee of the heir be not bind and that this suit will be look upon as no lie  to hang as to such grantee so in the case of a mortgagor who come here for  redemption of a mortgage if during such suit he shall assign the equity of  redemption and in the final tear of the cause there shall be a decree against  the mortgagor will not the assignee of the equity of redemption be bind by  this decree so on the other side be it not equal justice if a heir at law in a  bill bring against he by devisees to establish a will shall prevail to  invalidate or set asideathe will from a incapacity in the testator to devise  that such heir at law shall have the benefit of the evidence in that cause  against a person purchase from the devisee pendent light for these reason the  deposition be allow to be read