case Kitson versus Kitson all ante post Eq Abr c S c the wife of a freeman of  London shall not take by her husband will and likewise by the custom unless it  be so declare in the will Francis Kitson coachmaker be a citizen and freeman  of London and seize of a good real estate and also possess of and entitle to a  considerable personal estate make his will the that of September and thereby  devise to his wife whether Kitson the plaintiff for her life all his land  tenement and estate whatsoever at IngvilleGreen in the county of Surrey and  after her death he devise the same to his nephew Edward Kitson of Henley and  his heir for ever and after several legacy and bequest he go on item as  precedent in chancery to the house wherein I now dwell together with all my  stock of timber and other stock good chattel debt and personal estate  whatsoever and wheresoever I give and devise to my say wife whether Kitson for  her life with power for her to dispose of pound part thereof at her death and  after her death I give and devise all my say stock good chattel and personal  estate except the say pound to and among my sister Elizabeth Kitson Elizabeth  Thorp and several other of the defendant he likewise give to his wife for her  life all his five house in hedge lane and after her death he give the same to  his say nephew Edward Kitson his executor and administrator and make his say  wife and Mr robin executor and die Mr robin alone prove the will and the widow  bring this bill against he and also against the say Edward Kitson Elizabeth  Kitson and the rest of the residuary precedent in chancery er p legatee and  also against one Edward Kitson who be heir at law to the testator to establish  the will and to have the land and estate of IngvilleGreen quiet to her for  life and likewise the five house in hedgelane and likewise to have one moiety  of the personal estate and her widow chamber as her own for ever by virtue of  the custom of London as a freeman widow there be no child and to have the  other moiety of the personal estate for life by virtue of the will and the  power of dispose of pound thereout at her death the defendant robin answer and  submit to do as the court shall direct the other defendant likewise answer and  insist that the plaintiff ought to make her election to take either by the  custom of London or by will and not by both and bring a cross bill for that  purpose and to have a account and as to Edward Kitson the bill be that in case  the widow shall elect to take by the custom that he may be let into the  immediate possession of the estate at IngvilleGreen and the five house  precedent in chancery in hedgelane and that as to the rest in case of such  election they may have a moiety of the personal estate forthwith for the widow  it be insist that as to the estate of inheritance at IngvilleGreen she have  bring the heir at law before the court to establish the will against he and  also against the devisee in remainder and that there can be no colour to take  away her estate for life in that part of the estate be express and specifical  devise to her for life and the devise thereof collateral and independent of  the devise of the personal estate as to the personal estate it be insist that  the testator must be suppose to know that he be a freeman and that as such he  have no power at all over a moiety thereof but that by his death the same vest  in his widow as her own for ever and consequent when he devise all his  personal estate that can be intend no more than he have a power over which be  his own moiety for as to the other moiety it be none of his to dispose of nor  can he by his will make better or worse his wife title thereto therefore his  devise of all his personal estate must be mean all he have a power over all he  can give not what the custom of London have already give her and consequent  she must take her own moiety by the custom and the other by his will on the  other side it be argue that the plaintiff be very unreasonable in her demand  that in this court wherever a person have a debt owe to he and the debtor by  his will give any thing which be equivalent to or more than the debt it have  always be allow to go in discharge and satisfaction of the debt much more in  this case of the customary part which be in the nature of a debt or demand out  of the testator personal estate and therefore when he give her all his  personal estate for life it must be suppose he intend it in satisfaction of  her moiety thereof due precedent in chancery by the custom of London that it  be plain in this case that he intend her the power of dispose of pound only of  his personal estate and no more for he not only give her no more to dispose of  at her death but when he come to dispose of the residue take it up again and  say all the rest of my personal estate except the say pound I give and devise  to the defendant so that it be plain he intend she shall have power to  diminish or lessen his personal estate no more than that pound only and though  this devise can not debar or exclude her of her customary part if she think  fit to elect it yet she ought not to take both and of this there can be no  doubt since the case of heron and heron vern where sir Jos heron have canton  out his real and personal estate among his wife and child and after his death  my lady heron will have have not only what be so give her by her husband but  also her customary part as a freeman widow but be decree by my Lord chancellor  Cowper to make her election and that she ought not to claim both there be  likewise a case cite between Laurence and Laurence vern wms to the same effect  my Lord keeper be clear of this opinion and pronounce his decree accord but  hold that as to the estate on IngvilleGreen that have no dependence upon or  relation to the devise of the personal estate but that notwithstanding she  make her election as she do in court to take by the custom yet that the devise  of that estate to her continue good for life though it be urge by Mr Vernon  and how that upon her elect to take by the custom she ought to have no benefit  at all of the will but that Edward Kitson the devisee in remainder ought to be  let into the possession of that estate immediate precedent in chancery er p  but his lordship hold otherwise and as to the five house in hedgelane they be  leasehold be decree to come in with the rest of the personal estate and to be  sell and the money to be divide precedent in chancery accord but as to they  the court seem not to have apprehend the case right for they be express give  the widow for life and after her death to Edward Kitson together with the  estate at IngvilleGreen they ought as it seem to have go accord for by the  decree for sale of they the remainder to Edward Kitson be destroy which sure  the court never intend whatever they think fit to do as to the widow estate  for life therein and if the estate for life to the widow of the land of  inheritance be good it seem so must the devise of those house too be express  devise to her before he come to the residuum otherwise there be a injury do to  Edward Kitsons remainder therein but this be not take notice of or explain to  the court there be anotherpoint in this case which be this Francis Kitson  about three year ago purchase the remainder of a term for year in a estate at  Egham of one booth which booth have a decree of foreclosure against one jane  read the heir at law that upon payment of pound to be put out by the senior  master of the court of chancery the say jane read shall within six month after  she come of age release and convey the inheritance and equity of redemption to  booth his heir and assign unless cause within six month after she come of age  this term be assign to the defendant robin in trust for Mr Kitson to attend  the inheritance when it shall be convey but the pound be never pay and no  conveyance as yet make of the inheritance and whether this shall be look upon  as real or personal estate be submit to the court and hold that by reason of  the decree and a covenant from booth for that purpose it must be deem to be a  estate of inheritance and the widow must have it for life and she to pay one  three part of the pound and Edward Kitson the devisee in remainder two three  with interest proportionable from the time it ought to have be pay booth be  become insolvent precedent in chancery afterward on a rehear before Lord  chancellor Parker the house in hedgelane be decree to Edward Kitson after the  widow death and her representative to be recompense out of the personal estate  of the residuary legatee that be as she renounce the will Edward Kitson be let  into the possession of these five house immediate and the widow be to have a  moiety of the value thereof out of the moiety of the testator other personal  estate which belong to his residuary legatee immediate by the wife remove the  will and claim by the custom precedent in chancery de boundary paschae in  curian porter