case STEPHENTON versus gardener all Lord chancellor king Eq can ab pl  defendant have leave to plead answer and demurrer but not to demurrer alone  the defendant demurrer and answer only by deny combination or some such trifle  matter demurrer set aside a bill be bring to set aside a will relate to a  personal estate only and to stay the probate thereof set forth that the will  be gain by fraud by misrepresent the plaintiff who be the half brother and  sister of the testatrix and allege that the will be false read to her and set  forth diverse instance of fraud on the part of the defendant in procure this  will the defendant two of which be the executor have a order to plead answer  and demurrer but not to demurrer alone and as to that part of the bill which  seek to set aside the will and to stay the probate they demurrer to the  jurisdiction forasmuch as upon the face of the bill it appear that the peer  William plaintiff be improper to sue here in regard the spiritual court have  the proper cognizance of will relate to personal estate and can determine  fraud concern they and for answer say that they do not know the plaintiff be  the half brother and sister of the testatrix and deny combination after which  motion be make before the lord commissioner and Lord chancellor king for a  injunction for that the demurrer confess the fraud and fraud be cognisable in  equity as well as in the spiritual court cur contra the spiritual court have  jurisdiction of fraud relate to a will of personal estate and can examine the  party by way of allegation touch this fraud land if the will be false read to  the testatrix then it be not her will so deny the injunction but afterward it  be move that the defendant have not comply with the order for they ought not  to have demurrer alone and this in effect be demurrer alone for deny  combination be nothing and say that they do not know the plaintiff be half  brother and sister be immaterial and in effect no answer wherefore for this  reason the demurrer on motion be discharge as not comply with the order of the  court it be in effect a demurrer only see the case of plume and beal vol the  court will deny a injunction on a bill bring to set aside a will of personal  estate for fraud so lee v Pascoe bro c c Mitford d ed Lansdown v elderton Ves  Tonkin v Lethbridge Ves tailor v milner Ves dyson v Benson Cooper Edmonds v  savoury mere Sherwood v clark price