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of the lists of that subscription, and duly entered as such. That the name of Edward was inserted instead of Eleanor, merely by the mistake of one of the clerks who transcribed the lists, and this mistake was helped by the last-mentioned act of parliament; but that act did not pass soon enough for the appellants to take any advantage thereof at law. That though the appellants were thus deprived of a legal advantage of the several matters above stated, yet they were surely proper to be insisted on in a Court of Equity, as a ground, why the respondent ought only to be entitled as a subscriber to the like proportion of stock, for her money paid in, as all other subscribers were entitled, and not to have the money returned. And therefore it was hoped, that the order of dismission would be reversed, with costs, and that the respondent should be obliged to answer, so as that the merits of the case might properly be brought in question.

On the other side it was only said (T. Lutwyche, C. Phipps), that the order complained of, was grounded upon, and agreeable to, the rules of equity and good conscience; and that therefore the appeal ought to be dismissed, with costs.

Accordingly, after hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed, and the order of dismission therein complained of, affirmed. (Jour. vol. 22. p. 112.)

Mr. John Powell, of London, merchant, who had acquired a great personal estate, to the value of £100,000, and lived and died a batchelor, was, about Christmas 1719, seized with a fit of the palsy ; and soon after his recovery, ordered several letters to be written to the respondent, his nephew, at Salop, for whom he entertained a great affection, desiring him to come to London, and assuring him it should be a profitable journey. The respondent accordingly came to London in May 1720, when his uncle expressed great pleasure and satisfaction at his arrival, and acquainted him, that he intended to make his will, and settle his estate, and within a few days after, he accordingly gave instructions to Mr. Edward Baldwyn, with whom he had a long acquaintance, to draw his will; and after the same was prepared, and deliberately perused and considered by the testator, two parts thereof were transcribed by his direction, and blank spaces left for the name of his executor and residuary legatee, which he, with his own hand, filled up with the respondent's name; and then took the transcripts along with him, and desired Mr. Baldwyn to meet him in the city on the 6th of June, when, as he declared, he intended to sign his said will, and would get two other persons, of good credit and repute, to be witnesses thereto.

But the testator afterwards observing, that the respondent's name, which he had written in the blank spaces, was not in so fair and legible a character as he wished, occasioned by a trembling of his hand, which he had been troubled with ever since his palsy fit, he sent back the transcripts to Mr. Baldwyn, desiring him to prepare two other parts thereof, and meet him at the time before appointed this being accordingly done, the testator, on the said 6th of June 1720, duly signed and published duplicates of his will, in the presence of the said Mr. Baldwyn and of Messrs. Atwell and Hammond, two eminent bankers in London; and the same being sealed up in