case Nathaniel Stratton and other appellant and pain spinster respondent that  march Mews dig xv a devise real and personal estate to b for life with  remainder to the heir of her body this limitation over be void as to the  personal estate and b shall take it absolute viner vol p can can vol p note to  can Eq can ab can William pain be seize of a real estate and possess of a  considerable personal estate on the that of February make his will and duly  publish the same in the presence of three witness and as touch his worldly  estate he give and dispose of the same as follow videlicet he give to his  sister Carolina pain pound per and to be pay her quarterly during her life out  of the revenue of his estate and as concern all the rest of his estate both  real and personal after his debt and funeral charge pay he give devise and  bequeathe one moiety or equal half part thereof to his sister the appellant  mary Stratton for her life and after her decease to the heir of her body  lawful beget or to be beget equal among they all son and daughter alike and  the other moiety or equal half of his estate real and personal he give and  bequeathe the same to his sister the respondent Ann pain and to the heir of  her body lawful beget or to be beget and for want of such issue or heir of her  body as aforesaid he give and bequeathe the same to the child of his sister  the appellant mary Stratton equal among they and to their heir and assign for  ever immediate after the decease of his say sister mary and not before and  appoint his say sister the appellant mary and the respondent joint executrixs  of his say will the testator die on the that of February unmarried leave the  appellant mary the respondent Ann and the say Carolina pain his sister and  coheir at law and immediate after his death the appellant mary and the  respondent Ann prove the will in the archbishop court at Canterbury where the  original be leave and remain there from that time till the hear of the cause  in may brown the respondent be advice that she be by the say will seize of a  brown er p estate tail in a undivided moiety of the testator real estate and  that she be well entitle to a moiety of his personal estate to her own proper  use subject to the testator debt and legacy and the testator be at his death  possess of pound S d capital south sea stock the respondent in easter term  exhibit her bill in the court of chancery against the appellant and the say  Carolina pain pray that the real and personal estate of the testator may be  divide and that one moiety of the south sea stock and of all the rest of the  testator real and personal estate may be allot assign and transfer to the  respondent so as to be at her own disposal accord to the testator will to this  bill the several appellant put in their answer and the appellant William  Edward Nathaniel and John Stratton the child by their answer insist that the  respondent be entitle to a moiety of the testator real and personal estate  during her life only and that if she shall die without issue live at her death  then after she and their mother death such moiety will go to they and that the  testator do so declare to the person he employ to draw his will and give he  instruction to draw the same accord the respondent have reply diverse witness  be examine on both side and the will be prove by two of the subscribe witness  the three witness be dead to be duly execute by the testator and that he be  then of sound and perfect mind and memory the cause be first hear on the that  of may before the Lord chancellor Macclesfield and the probate of the will be  in the custody of the appellant Nathaniel Stratton and mary his wife and they  not produce the same the original will be produce by a officer of the  ecclesiastical court then attend therewith and there have be a interlineation  in the will and that interlineation raze out his lordship order that it shall  be refer to Mr dorm one of the master of the court to examine and certify  whether the word in the will which appear to be raze be raze or strike out of  the say will at the time of the testator death or not for discovery whereof  all party be to be examine upon interrogatory as the master shall think fit  and upon the master report the court will give such further direction as shall  be just and the master be also direct to take a account of the testator  personal estate and direction be give in relation thereto and as to the south  sea stock either side be to be at liberty to apply to the court for the sale  thereof as they shall think fit and the testator personal estate be to be  bring before the master to be by he place out at interest on government or  other security for the benefit of such person to who the same shall appear to  belong but as to so much of the plaintiff bill as seek relief touch the real  estate the same be dismiss with cost the reason of which dismission be because  the plaintiff have not bring the say Carolina pain brown one of the coheir to  hear so that there be not proper party before the court as to the real estate  pursuant to this decree the respondent be strict examine before the master  touch the razure and swear that she very believe the will be as it then appear  to be at the time it be execute by the testator that she never take any notice  or hear of any razure till after the commission for examine witness in the  cause be execute which be in the year three year after the testator death that  she very believe in her conscience that the will at the time it be deliver to  her which be immediate after it be execute be in the same condition and  circumstance in every part of it and with the same razure as it appear to be  at the time of her examination she have no manner of reason to believe or  suspect that the razure be make after the will be execute and that she  likewise very believe that the interlineation be raze and strike out by John  cock a schoolmaster who write the will before it be execute several witness be  likewise examine concern this matter before the master who by his report date  the saint of August state the substance of the respondent examination and the  deposition of the witness and the cause come on to be hear upon this report  before the master of the roll and the Lord chief baron Gilbert two of the lord  commissioner of the great seal on the that of January their lordship declare  that the devise over of one moiety of the personal estate after the death of  the respondent without heir of her body be a void devise and that upon the  testator death the absolute property of such moiety become vest in brown er p  the respondent for her own proper use but in regard the Lord chief justice  Raymond then also one of the lord commissioner be absent their lordship be  please to declare they will consult he upon the case and direct he shall be  attend with a copy of the will which be do accord and his lordship concur in  opinion with the other lord commissioner and the cause stand in the paper for  judgement on the that of march follow their lordship be please to respite the  make any decree therein till the matter concern the razure shall be litigate  in the prerogative court of Canterbury where it be most proper in regard it  concern personal estate only and where the appellant William Stratton who be  then come of age have late commence a suit to have the erase word pronounce  part of the will after a long contest in the prerogative court where the  respondent and John cock the writer of the will and several other witness be  examine over again touch the razure the judge of that court declare that the  original will be in the same state and condition as it be at the time of the  execution thereof and that the word after the decease of my sister Ann be not  erase since the execution of the will by the testator and therefore that the  respondent ought to be dismiss and he dismiss her accord and decree the  probate which the respondent brown have obtain under the seal of that court  without the say word to be deliver out to her and which probate be deliver out  accord on the d of July the cause be again hear before the Lord chancellor  king upon the master report of the saint of August and also touch the validity  of the devise over of the moiety of the testator personal estate bequeathe to  the respondent when his lordship inter alian order that the master shall  proceed to take the account of the testator personal estate which have come to  the hand of the appellant or respondent respective or to the hand of any other  person or person for their or either of their use in the take of which account  the master be to make all just allowance and it be further order and decree  that the surplus of the testator personal estate after payment of his debt  legacy and funeral expense shall be divide into moieties and that the  respondent shall have one moiety to her own proper use and benefit and that  the appellant Nathaniel Stratton and his wife shall join in assign and  transfer the same accord and the say appellant Nathaniel Stratton and his wife  be immediate to join with the respondent in transfer a moiety of the south sea  stock and annuity wherein the personal estate chief consist to such person as  the respondent shall direct for her use and benefit and all party be to have  their cost out of the testator estate to be tax by the master from this decree  the appellant appeal insist I will S Forster that the proof take in the cause  and particular the evidence of cock ought to have be read at the hear the same  no way tend to destroy or defeat the will but be in aid and support of what be  evident the meaning and intention of the testator that in the present case it  be high reasonable to admit the evidence of the person who draw the will and  receive the instruction for that purpose from the testator mouth to explain  what the testator mean and intend by any doubtful expression make use of by  the drawer of the will and the rather because it be admit on all hand that  cock be no way skill in the law but whole ignorant of the legal construction  and operation of the word which he make use of however certain he be of the  testator intention that it plain appear from the whole tenor of the will as  well as from the proof in the cause and particular from the evidence of cock  and be even so admit by the respondent herself that the testator never intend  that she who be unmarried at the time of make the will and not likely to have  any child if she shall marry by reason of her advance age shall have the  absolute power and disposition of a moiety of his personal estate which be so  very considerable so as to have it in her power to give the same away to a  absolute stranger in prejudice of his own nephew but on the contrary it plain  appear to be his intention that in case the respondent shall die without leave  any child at her death the say moiety so devise to her for life shall come to  and be equal divide brown among all the appellant his nephew and this be plain  the testator intention it be apprehend that this construction ought to have be  put upon the word of the will consider by who and in what manner the same be  draw and the instruction brown er p which the testator give to cock for that  purpose it be therefore hope that the say decree of the d of July will be  reverse on the other side it be contend p York t Lutwyche that no one  principle in law be better know or more establish than that where a personal  estate be give to a man and the heir of his body with remainder over to other  person it be a absolute gift to the first devisee and vest the entire property  in he and that the devise over be void that as this be a know rule in law so  equity always follow the law in this case and if such a fundamental rule be  once to be alter it will overturn great number of decree and determination and  no man will know when he be safe in his property that the present question be  only concern a personal estate it be likewise a establish rule both in law and  equity that it must be determine upon the probate of the will under the seal  of the proper ecclesiastical court which probate have no such word therein as  be now pretend by the appellant neither have the first probate which be grant  under the seal of the archbishop court of Canterbury and wherein the appellant  mary Stratton join any such word that as to the pretend word themselves which  the appellant will imagine be after the decease of my sister Ann there be no  one can pretend to any certainty even if the original will be admit to be read  that those be the word and the respondent apprehend there be more reason to  suppose that the word be after the decease of my sister mary and that the  testator find that those word be insert afterward in the will order they to be  strike out in that place where they now appear to be erase that as it will be  of dangerous tendency to admit parole evidence to explain the write word of a  will it have be the constant practice of all court both of law and equity to  reject such evidence and abide by the will itself and therefore it be hope  that the decree will appear to be just and well find and consequent be affirm  with cost accord after hear counsel on this appeal it be order and adjudge  that the same shall be dismiss and the decree therein complain of affirm jour  vol p