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benefit thereof, and not be stripped of their whole debt, and costs at law, by the respondent, who had, without any consideration, thrust himself into a large inheritance which of right belonged to appellant, Mary, and her sisters, who had thereby been exposed to great want and necessities; and that therefore the decree ought to be reversed. (C. Coxe.)

The respondent, in affirmance of the decree, shewed that he, in Michaelmas term, 1699, exhibited his bill, as stated by appellants, charging that the bonds were entered into by Lewis Morgan in his minority, and that appellants had sued him as executor to the said Lewis Morgan; and that by mistake, in pleading solvit ad diem, instead of deins age, a verdict passed against the respondent: And that the testator was seised in fee of certain lands in Brecon and Monmouth, worth about 120l. yearly, and had contracted debts, by mortgage and otherwise, to the amount of above 1200l. and by his will in writing, dated November, 1696, devised to respondent, his near kinsman, his equity of redemption, and all his real estate whatsoever, and appointed him sole executor; and that no provision being made for the sisters, who had, by ill language and immodest behaviour, greatly disobliged the testator, respondent and his friends, at the sister's request, prevailed on the testator to permit his sisters to visit him on his death-bed; and afterwards, contrary to his inclination, prevailed on the testator, by a codicil to his will, to give his three sisters 15l. per annum a-piece, and in case any died, her [174] annuity to be paid to the survivors: Shortly after which the testator died, and respondent proved the will, and paid in debts, legacies, and funeral expences, above 1200l. exclusive of the annuities paid and payable; and that the bonds were obtained by fraudulent practices, during testator's minority, and without consideration; and that during testator's life, being upwards of twenty-one years after the bonds were passed, the three sisters had never demanded them, nor any interest upon them, but entirely depended upon his courtesy, and upon such provision as he might make for them: And that the defendants in that cause having answered, witnesses were examined, and upon a full hearing, long debate, and due consideration, the court declared that the annuities were in full satisfaction of the bonds; and therefore decreed as stated by appellants: And the other sisters, and their husbands, were so well satisfied with the justice of the decree, that, in obedience thereto, they executed releases to respondent on the foot of their bonds: And that respondent, in some short time after the decree pronounced, procured it to be enrolled, and appellants, pretending irregularity in the inrolling thereof, petitioned the Lord Keeper for a re-hearing, which was refused; his lordship being well satisfied that the said decree was regularly in rolled: And respondent insisted that the decree ought not to be impeached, as the bonds were entered into by testator in his minority, without consideration, and no demand either of principal or interest made in his lifetime, though he lived above twenty-one years after the bonds executed; and that the said three annuities, (supposing the bonds good) were more than an equivalent for the bonds: And further, that the three annuities, including 1200l. debts, legacies, and funeral expenses, were near the full value of the estate given him by the testator: and that respondent had been harrassed by the appellants in law and equity, and put to above 300l. charge, where the matter in dispute between them was only the said 60l. bond. (George Clive.)

Die Martis, 24 Februari, 1701. After hearing council upon this appeal, it was ordered, that the decree complained of be reversed; and that respondent, within one month, pay appellants their principal, interest, and costs at law and in equity, and on payment thereof to be relieved against the judgment; and in default of such payment, respondent's bill in Chancery to be dismissed with costs.—Lords Journ. vol. xvii. p. 45.