case bidulph versus bidulph Eq can ab pl bill by devisee against a heir to  prove a will the heir crossexamines the plaintiff witness and refuse to  release his right yet the heir shall have his cost give he on motion otherwise  if he examine witness of his own lady Biddulph as devisee of land of  inheritance under sir bidulph bring a bill in equity against the heir to  perpetuate the evidence of the will the defendant the heir answer and put the  plaintiff to prove the will who examine witness for that purpose and the heir  on his part crossexamined one of the witness to disprove the will and now the  heir the defendant move for his cost in regard the plaintiff the devisee have  make the like motion and a day be give to show cause why the plaintiff shall  not pay cost Mr mead urge that the defendant the heir shall not have cost  because he have put the devisee to some cost extraordinary by crossexamine the  witness and then there can be no reason that the devisee shall pay those cost  Lord chancellor this be the case of a heir disinherit and it be unreasonable  that he shall be at any charge for the establish of that will which be to his  own prejudice on the other hand it be for the advantage and benefit of the  devisee to prove and perpetuate the testimony of this will but though peer  William the heir be at liberty to ask question of the plaintiff witness it may  be reasonable he shall not have cost where he examine witness of his own  memorandum that in the case of angel and brown where there be a motion of the  like nature and not long after the case above report it be object that the  heir will not release his right to the premise to which it be answer by the  court that this be not material for that still the devisee have the fruit of  his suit and the benefit of perpetuate the testimony of his witness and that  therefore the heir shall have his cost notwithstanding his have crossexamined  the plaintiff witness and that it be reasonable the heir shall have such power  of crossexamine otherwise the plaintiff will be at liberty to prove what he  please vide web v Claverden atk Bernee v Eyre atk Vaughan v Fitzgerald Sch l  white v Wilson Ves peer William er p