chancery report hall contra DENCH car f when the mortgage money be pay the  mortgagee and his heir be trustee for the mortgagor and his heir a will and  after that a mortgage the will be republish it be a good will and not revoke  that the plaintiff grace hall be daughter of William knight decease who be son  of Susanna one of the sister and coheir of Thomas Bridger decease which say  Thomas Bridger be seize in fee of land in Binstead and Middleton and have no  child make his will in by which he give all his land in Binstead to the say  Thomas knight son of the say William knight and the heir of his body and for  want of such issue then to the plaintiff grace and the heir of her body with  remainder over and by the same will devise one moiety of the land in Middleton  to the say Thomas knight and the heir of his body with the like remainder over  and sometime after the say will the say Thomas Bridger mortgage the say land  in Binstead to John Comber and his heir for pound and the say Bridger repay  the pound and have the mortgage deliver up and cancel but no reconveyance of  the land and that the say Comber after that be but a trustee for Bridger the  mortgagee who in declare that the will he make in shall stand and be his last  will and then die but the chancery report defendant Dench have get the cancel  deed in his custody and the plaintiff bring a ejectment under the Title of the  will get a verdict for the land in Middleton but the defendant at the trial  set up a Title in the defendant Comber upon the cancel mortgage for the land  in Binstead a verdict pass for the defendant so to have chancery report er p  the say mortgage deed deliver up and the plaintiff to enjoy the premise accord  to the say will be the bill the defendant as coheir at law to Bridger insist  that the testator Bridger never intend that the estate shall go as that will  direct in regard he soon after the say will mortgage the same to Comber and  beside the legatee and executor in the say will be most of they dead before  the say Bridger and the mortgage money be not pay till after the estate  forfeit and that the mortgage to Comber be a absolute revocation of the say  will and upon a ejectment bring by the plaintiff under the say will the  defendant obtain a verdict for the land in Binstead wherein the validity of  the say will be in issue the plaintiff insist that the verdict obtain by the  defendant as aforesaid be by reason the Title in law be in Comber the  mortgagee and not upon the chancery report validity of the will and that a  verdict have be have in affirmation of the say will for other land therein  mention and the testator be in possession of the premise at the time of his  death this court the defendant insist to have it try at law whether a  revocation of the say will or not declare there be no colour to direct any  trial at law in this case for that on read the proof it plain appear that the  testator express declare the say will shall be his last will and that upon  such a express proof it will be vain to direct a trial at law and declare that  when the mortgage money be pay the mortgagee and his heir immediate from that  time become trustee for the mortgagor and his heir and the court have consider  of several precedent as well ancient as modern which be full in the point that  notwithstanding such revocation yet there be a republication of the will and  that the same be a republication of such a nature that make the say will a  good will and decree the defendant grace to enjoy the premise accord to the  say will this Cause come to be reheard before the Lord chancellor jefferies  who be well satisfy with the republication and declare that notwithstanding  the say chancery report mortgage the will be a good will and not revoke and  confirm the former decree