chancery report roberts con wynn car f will the bill be to be relieve against  the will of John Bodvile father of the plaintiff Sarah pretend to be get by  fraud and practice of the defendant Wynn which will tend to disinherit the  plaintiff Sarah the say John Bodviles only survive daughter and heir of a  great estate in land and to settle the same on the two defendant Griffith Wynn  son of the defendant though Wynn and though Bodvile infant the case be that  the say John Bodvile decease upon his intermarriage with whether the daughter  of sir William Russel and in consideration of pound portion settle the premise  on himself and his heir male on the body of the say whether remainder to his  right heir and the say John Bodvile die without issue male by virtue whereof  and of the say settlement the premise will have descend to the plaintiff Sarah  who marry the plaintiff Mr Robert son of the Lord Robert Lord privy seal and  who have issue by the say Sarah two son and two daughter in the lifetime of  the say John Bodvile and who be so well satisfy with the say match that he do  on the birth of the second chancery report son of the say plaintiff become  godfather and name he Charles Bodvile Robert and declare he will make he his  heir with several other expression and declare that if the Lord Robert will  settle on his son the plaintiff a estate he will so settle his estate that it  shall come to his say daughter Sarah and her heir whereupon the Lord Robert  settle pound per annum upon his son Mr Robert and his issue on the body of the  say Sarah and in the year the say Mr Bodvile make his will whereby he give all  his estate to the say Sarah for life remainder to her son Charles in tail and  make the say plaintiff Sarah executrix and declare that though he have since  levy fine of all his estate yet he do not in the least thereby intend to  revoke the say will or disinherit his say daughter nor will give one foot of  land away from his daughter Sarah and his grandson Charles Bodvile but in ten  the defendant Wynn by practice get the say Bodvile to make another will who at  that time be very infirm and which be twice publish whereby he settle all his  estate in trustee for the use of two infant videlicet one name Bodvile a  chancery report obscure child and the other be the say defendant wynn son the  defendant insist that Bodvile upon marriage with the plaintiff Sarah mother  have pound portion and that Bodvile upon the settlement make upon the say  marriage do tie nothing upon his daughter but pound in money and that upon  condition that she marry with his consent and reserve the power of his land to  himself lest he shall have issue male by a second wife and by this will give  pound to his say daughter though she do marry without his consent but with a  proviso that the shall not question his will or disturb or hinder his executor  and that his say daughter Sarah the plaintiff marry in but there be no  reconciliation till the year but have declare he will never settle his estate  on his issue female and that the say Bodvile have always a great kindness for  the defendant Wynn and his family and that Wynn have no hand in make or  contrive the say will so that the effect of the suit be to have the say will  in set aside and make void I this court with the assistance of the judge and  on read several precedent on the plaintiff part declare they do chancery  report not conceive it of any consequence or value that the defendant for who  the estate be settle in the trustee be infant and not privy to the fraud for  if that shall be admit to bar the heir from relief any three person may for  the advantage of his child or relation by practice set up a will or deed and  put it out of the power of the court to set aside or make void such a will or  deed and they be also of opinion that the make of this will be not a Act of  prudence or honesty in Mr Bodvile but rather of great injury and injustice the  same tend to disinherit a heir and only child be innocent and inoffensive and  to introduce stranger without any reason of affinity or merit and it appear Mr  Bodvile always intend to leave his estate to his daughter if she marry with  his consent and his lordship far declare that although the marriage of the  plaintiff Sarah without Mr Bodvile her father be consent be a high trespass  insomuch that if his passion have possess he from that hour and chancery  report er p he will have resolve to have punish it with a total disinherison  his lordship will not have relieve her nevertheless it now appear that he be  reconcile before and well chancery report satisfy in the match and that he  intend to settle his estate on the plaintiff as by the will in and it appear  that the defendant Wynn be the contriver of this will and that Mr Bodviles  promise to settle his estate on his daughter and her heir induce the Lord  Robert to make the settlement of pound per annum on the plaintiff Mr Robert  and his issue by the say plaintiff Sarah which do carry in it a great  circumstance of equity against the pretend will although there be no such  formal agreement execute which accord to the course of proceed can in equity  his ground enough of itself for a judicial decree against the say will his  lordship with the judge be of opinion that the say will be obtain by great  fraud and circumvention of the defendant Wynn but by reason the precedent do  not full reach to this case whereby there may be a decree without create a  precedent which if any one his lordship declare he will have decree the Cause  therefore his lordship and the judge field it not fit at present to make a  decree final to determine this Cause yet declare that there appear so much  fraud in the defendant Wynn in gain the chancery report will and so much  equity and justice in the plaintiff Cause that they will not dismiss the  plaintiff bill or relieve the defendant upon their bill but the matter be fit  to be relieve and yet not ripe for a decree this court give the plaintiff a  year time to take such further course against the say will as he shall be  advice and the injunction to continue the plaintiff petition the house of lord  who upon several long debate refer it back to the Lord chancellor to decree  for either party accord to justice and equity although no precedent shall be  find for that purpose and his lordship with the judge upon several day hear  the matter declare they can not relieve other plaintiff in this court and  dismiss the plaintiff bill without cost and dissolve the injunction