case cotter versus layer S c p wms at the chancellor house Lord chancellor if  a feme covert make a appointment by will and her husband die and she marry  again this be a revocation of her will and appointment Mod Mr attorneygeneral  for the defendant mrs Layer be first private examine surrender a copyhold in  fee to such use as she by any write or by her last will and testament duly  attest in the presence of three or more credible witness whether sole or  covert shall direct and appoint and in she by her last will declaration and  appointment devise the use of it to Christopher her husband for his life  remainder to the defendant her daughter and the heir of her body Christopher  the husband die and mrs Layer in by article previous to her marriage with the  plaintiff covenant to surrender the premise to the use of her and the  plaintiff for their life remainder to the use of the plaintiff and his heir  mrs Layer be since dead and the plaintiff have file his bill to have a  specific performance of these article and the estate surrender to he and his  heir to this bill the defendant have plead in bar the appointment in and  demurrer as to any right he claim by the deed of because of his own show he  have no title and the question on our plea be whether the write in shall be  consider only as a execution of her power or as a will which be revoke by her  subsequent marriage and it can be consider as a will for a feme covert can  make a will without the consent of her husband but as executrix but she may  execute a power or a appointment as to the demurrer it be good because the  plaintiff have not show that she pursue his power in his original bill he  charge that the article be execute in the presence of two witness and our  demurrer to it be allow now he have amend his bill and leave out the number of  witness Mr solicitor general for the plaintiff this plea be put in to our  original bill and overrule for the write in must be consider as a last will  which be revoke by her marriage she devise to her husband the word last will  be mention and no use be limit to herself the defendant say this be a  appointment not a will mosely report it be a appointment by will and so must  have the same ceremony as a will and will partake of all the quality of a will  as to be subject to revocation and the like as be adjudge on a appointment by  will to charitable purpose vern mosely report er p and as their plea endeavour  to set out a title in themselves so their demurrer be intend to show we have  none in the original bill the plaintiff only set out the article of which be  attest by two witness only without allege that they be execute previous to his  marriage or for a valuable consideration and therefore the demurrer be allow  because of his own show it appear to be a voluntary defective execution of her  power but by our amend bill we charge that mrs Layer by article previous to  her marriage covenant for herself and her heir to surrender to such use these  article be Obligatory to her though they be attest by two witness only so that  her power be not legal execute and the court will have oblige her to perform  they and we have right to have they make good in equity by the defendant who  be to be consider only as her heir at law Lord chancellor the defendant  demurrer because the plaintiff of his own show have no legal title whereas the  end of his bill be for relief and to have the defective execution of the power  make good in equity therefore the demurrer must be overrule for the benefit of  it be never save to the hear and the plea be proper to be determine at the  hear and therefore let it stand for a answer vern content