Page:The English Reports v1 1900.pdf/251

insisted that the decree ought to be affirmed with costs here, and in the Court of Chancery. (William Atwood.)

Die Martis, 15 Aprilis, 1701. After hearing council on this appeal, and on the answer of James Boddington and John Cholmley put in thereto, it was ordered and adjudged that the said petition and [171] appeal should be dismissed and the decree complained of affirmed. Lords Journ. vol. xvi. p. 653.

It is said that the Lords delayed giving judgment, that the parties might agree, and that they did so; and then the decree was confirmed by consent, and that the Lords seemed disposed to reverse it. And it appears by the journal that the cause was postponed, it being intimated that the parties were likely to agree; and that, on the 8th of April, it was ordered that the cause should be heard on the 15th of April, unless the parties intermediately agreed; and on the 15th judgment was given ut supra.

The appellants stated, that Lewis Morgan, appellant Mary's brother, was seised in fee of a real estate of 300l. a year, descended to him from his father, who died suddenly, and had made no manner of provision for appellant or her sisters, Margaret and Elizabeth, his three daughters; and that their mother having a jointure, and the inheritance of other lands, and being willing to get some provision for appellant, Mary, and her sisters, to be paid within a year after her death, delivered up part of her estate to the said Lewis, who thereupon entered into three bonds, dated 2d September, 1765; two of them in the penalty of 120l. each, for the payment of 60l. a-piece to the appellant, Mary, and her sister, Elizabeth; and the other of 140l. penalty, for payment of 80l. to Margaret; and that the mother dying in 1680, the bonds became payable in 1681; but that, their brother being a batchelor and very sickly, the sisters, who were his apparent heirs at law, were unwilling to disoblige him, and declined putting the bonds in suit; and that he fell into the hands of one Edward Lewis, attorney, and was by him imposed upon to make his will, and thereby gave his whole estate to respondent, an entire stranger, and made him sole executor; and that the will-maker took care to put in his own name for a legacy of 100l. and afterwards married his daughter to respondent, to the entire disherison of appellant, Mary, and her sisters; but by a codicil to his will, testator charged his lands with life annuities of 15l. a year a-piece, to appellant, Mary, and her sisters: Which devise, appellants contended, was never meant to be in satisfaction of the bonds; and that respondent refusing to pay appellant, Mary, her bond-money, appellants brought their action at law on the said bond, whereto respondent appeared, and pleaded conditions performed; and a trial was thereupon had, and upon full evidence a verdict for the appellants: And for relief against that verdict, and to have the other two bonds cancelled, respondent exhibited his bill in Chancery, suggesting, among other things, that he had pleaded an ill plea at law, which appellants insisted was never [173] yet a ground for relief in equity: And that, 26th April, 1700, the Master of the Rolls, on hearing the cause, declared his opinion, that the annuities of 15l. given by testator's will, were in full satisfaction of the three bonds; and decreed the bonds to be delivered up and cancelled, and satisfaction to be acknowledged on record of appellants judgment at respondent's charge, and a perpetual injunction; and that the respondent had hastily, and by surprise, procured the decree to be signed and enrolled, to prevent a re-hearing, and for some consideration had procured releases from appellant's two sisters; but appellants insisted that the annuities were not given in satisfaction of the bonds, and that the will could not bear any such construction, nor was there any proof that testator so intended; and further insisted, that the respondent's bill could not warrant the decree; and that appellants having recovered a verdict at law on a full defence, ought to have the