case thynn versus thynn refer to Allen v MPherson h l c of purifying in court  Lord keeper Eq can ab pl a man make his will and his wife executrix the son  afterward prevail on his mother to get the father to make a new will and to  name he executor he promise to be a trustee only for his mother trust decree  notwithstanding the statute of fraud c the case be that Mr thynn of Eagham  decease have make a will and thereby make his wife sole executrix the  defendant Mr thynn the son hear of this will come to his mother in the  lifetime of his father and persuade her that there be many debt the  executorship will be troublesome to her and desire that he may be name  executor for that he by reason of his privilege of parliament can struggle the  better with the creditor and persuade his mother to move his father in it  declare that he will be only a executor in trust for her and the mother accord  prevail on the father that it may be so and thereupon Mr thynn the son get a  new will draw whereby a legacy of pound only be give to his mother and therein  he make himself sole executor and cancel the former will though the father  oppose the do thereof and the last will be read over so low that the testator  can not hear it and when he call to have it read loud the scrivener cry he be  afraid of disturb his worship Vernon chancery case the defendant have thus  make himself sole executor and procure this will to be execute where only a  legacy of pound be give to his mother set up for himself and deny the trust  for his mother and in his two first answer he deny the will be draw by his  direction and that the pound therein give to his mother be without the  testator privity but in his three answer he confess it upon the whole matter  it appear to be as well a fraud as also a trust the Lord keeper  notwithstanding the statute of fraud and perjury the statute seem to relate  only to trust concern land and hereditament vide stat car two cap vide  Devinish v baines pre Ch Selwyn v Selwyn Dec before Henley Lord keeper l hall  though no trust be declare in write decree it for the plaintiff and order that  the defendant shall be examine on interrogatory for discovery of the  estate The defendant be to pay cost to the hear to be tax by the master out of  his own estate not to wait the take the account Reg lib b fol see further as  to the relief against fraud of this description chamberlain v Chamber lie  Freem beech v Kennigate Amb ves chamberlain v agar v b and case there cite  Dixon v olmius Cox Vernon chancery case er p