case piggot versus Penrice ante by Eq Abr S c and pl case tempt Talb pale  yellow Eq Rep and atk Wilson Cowper and brown parliament case a devise to her  niece in this manner I make my niece g executrix of all my good land and  chattel and die not have any leasehold interest yet her land u inheritance  pass not by these word this be a appeal from the roll and the only two point  in question be saint where the testatrix by will devise in this manner I make  my niece gore since marry to sir Henry Penrice executrix of all my good land  and chattel whether any and what estate pass in the land by this devise it  appear in the cause the testatrix have no term or interest for year in any  land whatsoever but a estate of inheritance in the land in question the second  point be where the testatrix have make a settlement with power of revocation  by write execute under hand and seal in the presence of three witness  precedent in chancery er p not be menial servant and some time after be  indispose write a letter which be prove and read in the cause signify her  intention to revoke those use and desire a deed may be prepare pursuant to her  power for revocation thereof and settle precedent in chancery the same on her  niece gore whether this shall amount to a revocation she die before any deed  be prepare or any revocation actual make as to the first point it be argue the  u t this devise be sufficient to pass the land and to give the devisee a  estate of inheritance therein that if it be otherwise the word land will be  useless and must be reject there be no term or interest for year in any other  land that if one say in his will I make such a one universal heir that will  pass not only his real estate but his personal estate likewise case tempt Talb  and this have be of oftentimes allow and yet these word be as improper and as  little applicable to a personal estate as the word in the present case be to a  real estate that by make her niece executrix of her land she give her a power  to sell and dispose of her land and that without question will have pass a fee  and by this devise the land be make subject to the payment of debt and under  the control and management of the executrix in the same manner as the good and  chattel whereof she be make executrix in the same clause and if she shall have  but a estate for life therein she may possible die before she be reimburse out  of the rend and profit what she have pay for debt which S the reason that a  devise to one pay my debt will pass a fee as to the second point vern Eq Abr p  salk wms and atk atk it be argue from several expression in the letter that  she have a manifest intention to revoke the settlement that she go as far as  she can towards it that she express give direction to have a deed prepare for  that purpose and that the reason of its be not complete be her die so soon  which be the act of God that if this letter have be seal and attest pursuant  to the power it will without question have be a sufficient revocation and they  cite the earl of albemarle case Eq Abr c S c where a power of revocation be to  be in the presence of six witness whereof three to be peer yet it be hold in  precedent in chancery that case that if the person be beyond sea or under any  disability of have three peer and pursue his power of revocation in all other  circumstance that it will be effectual in a court of equity but my Lord  chancellor be so clear of opinion in both point against they that he affirm  the decree without hear the counsel on the other side as to the first point he  say whatever his private opinion may be of the intent of the testatrix to give  her niece these land yet in point of judgement he can not decree for her that  it be a most know and establish rule of law that a heir be never to be  disinherit but by express word or necessary implication that here be neither  in this case that the word land roll Abr be not however useless or to be  reject for that in all probability there may be rend in arrear of these land  and by make her executrix of her land the rend of those land will pass that  nothing certain can be infer from such a devise and therefore he must not  break into the settle rule of law to support it as to the second point Eq Abr  S c and p there may be good reason for put herself under that restraint in the  manner of revocation to prevent surprise or inadvertency that here be no  pretence of any obstruction from the person who claim under that settlement  that here be nothing more than bespeak a revocation and the completion of it  prevent by her death that no case bad ever yet go so far and therefore it be  too bare for he and affirm the decree note the testatrix by will give part of  these land to charitable use and they be decree at the roll to be good as a  appointment upon the act of parliament notwithstanding there be no revocation  beat that point be not now bring in question see the case of Ridout v pain atk  and vezey the testator at the end of his will devise as follow all the rest  residue and remainder of my good chattel and personal estate together with my  real estate not hereinbefore devise I give to my wife who I appoint my sole  executrix it be hold that the word together with my real estate pass a fee  notwithstanding they be accompany with the word good chattel and personal  estate precedent in chancery er p