case drury versus smith Lord chancellor Cowper Eq can ab pl one by will  dispose of his personal estate and afterward by parole give pound bill to one  to deliver over to his nephew if the testator shall die of that sickness such  gift decree good a have a nephew and be about make his will direct the  scrivener employ by he for that purpose to give pound to his nephew afterward  the testator recollect that his nephew have pound of his in his hand therefore  order the scrivener not to put the legacy into his will in regard his nephew  have already that pound in his own hand and the testator make b that be his  niece executrix and residuary legatee peer William afterward the nephew come  and bring a specie bill for this pound to the testator who in his last  sickness give the say pound bill to be deliver over to his nephew in case he  the testator shall die of that sickness which do accord happen peer William er  p and now on the nephew bring a bill against the executrix for this pound note  it be object that this be a parole gift and contrary to the will by which the  executrix be make a residuary legatee it will introduce all the inconvenience  of perjury which the statute of fraud intend to prevent if such evidence or  verbal disposition shall prevail against the will and will be contrary to the  word of the statute sect which say a will in write shall not be revoke by  parole Lord chancellor the case be not so strong as if this very note have be  specifical devise for devise the residuum be only the rest of his estate that  he shall not by will or otherwise dispose of but this be a gift in the  testator lifetime donation causan death and the possession transmute and  certain notwithstanding the will the testator have a power to give away any  part of his estate in his life time he may in his lifetime after the make of  his will give away any part of his estate absolute and by the same reason may  notwithstanding the will give away any part thereof conditional and this gift  be so full prove peer William decree the plaintiff his pound bill with cost  memorandum in the case of smith v Casem that Dec the master of the roll where  jewel be give by the testator by way of donation causan death doubt whether  this be good against debt and it seem not they be give in case of the donor  death and in nature of a legacy which therefore will be fraudulent as against  creditor so Tate v Hilbert Ves jun vide Jones v Selby pre Charles Lawson v  Lawson post miller v miller post Vol III Snellgrove v Bailey atk ware v turner  ves Hassell v tynte Amb hill v chapman bro c c