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estate tail in an undivided moiety of the testator's real estate; and that she was well entitled to a moiety of his personal estate to her own proper use, subject to the testator's debts and legacies; and the testator being, at his death, possessed of £17,890 5s. 2d. capital South-sea stock; the respondent, in Easter term 1719, exhibited her bill in the Court of Chancery, against the appellants and the said Carolina Payne, praying that the real and personal estate of the testator might be divided; and that one moiety of the South-sea stock, and of all the rest of the testator's real and personal estate, right be allotted, assigned, and transferred to the respondent, so as to be at her own disposal, according to the testator's will.

To this bill, the several appellants put in their answers; and the appellants William, Edward, Nathaniel, and John Stratton, the children, by their answer insisted, that the respondent was entitled to a moiety of the testator's real and personal estate during her life only; and that if she should die without issue living at her death, then after her's and their mother's death, such moiety would go to them; and that the testator did so declare to the person he employed to draw his will, and gave him instructions to draw the same accordingly.

The respondent having replied, divers witnesses were examined on both sides, and the will was proved by two of the subscribing witnesses, the third witness being dead, to be duly executed by the testator, and that he was then of sound and perfect mind and memory.

The cause was first heard on the 28th of May 1720, before the Lord Chancellor Macclesfield; and the probate of the will being in the custody of the appellants Nathaniel Stratton and Mary his wife, and they not producing the same, the original will was produced by an officer of the Ecclesiastical Court then attending therewith; and there having been an interlineation in the will, and that interlineation razed out, his Lordship ordered that it should be referred to Mr. Dormer, one of the Masters of the court, to examine and certify whether the words in the will, which appeared to be razed, were razed or struck out of the said will at the time of the testator's death, or not: for discovery whereof, all parties were to be examined upon interrogatories, as the Master should think fit; and upon the Master's report, the court would give such further directions as should be just. And the Master was also directed to take an account of the testator's personal estate, and directions were given in relation thereto: and as to the South sea stock, either side was to be at liberty to apply to the court for the sale thereof, as they should think fit; and the testator's personal estate was to be brought before the Master, to be by him placed out at interest, on government or other security, for the benefit of such persons to whom the same should appear to belong: but as to so much of the plaintiff's bill as sought relief touching the real estate, the same was dismissed, with costs. The reason of which dismission was, because the plaintiff had not brought the said Carolina Payne, [101] one of the coheirs, to hearing; so that there were not proper parties before the court, as to the real estate.

Pursuant to this decree, the respondent was strictly examined before the Master, touching the razure; and swore, that she verily believed the will was as it then appeared to be at the time it was executed by the testator; that she never took any notice, or heard of any razure till after the commission for examining witnesses in the cause was executed, which, was in the year 1719, three years after the testator's death; that she verily believed in her conscience that the will, at the time it was delivered to her, which was immediately after it was executed, was in the same condition and circumstance in every part of it, and with the same razure, as it appeared to be at the time of her examination, she having no manner of reason to believe or suspect that the razure was made after the will was executed; and that she likewise verily believed, that the interlineation was razed and struck out by John Cock, a schoolmaster, who wrote the will before it was executed.

Several witnesses were likewise examined concerning this matter before the Master; who, by his report, dated the 1st of August 1724, stated the substance of the respondent's examination, and the depositions of the witnesses; and the cause coming on to be heard upon this report before the Master of the Rolls, and the Lord Chief Baron Gilbert, two of the Lords Commissioners of the Great Seal, on the 15th of January 1724, their Lordships declared, that the devise over of one moiety of the personal estate, after the death of the respondent, without heirs of her body, was a void devise; and that upon the testator's death, the absolute property of such moiety became vested in