case dam costa v dam costa Lord chancellor king Eq can ab pl a father leave a  great personal estate to two infant child and make his wife executrix a bill  be bring in the infant name by a relation as prochein any to call the mother  to a account on affidavit of several other relation that this suit in the  infant name be out of pique and not for the infant good the court refer it to  a master who report the matter to be so the suit be stay the plaintiff be the  two infant child of Joseph dam Costa villan real who late die possess of a  estate of pound which by his will he give equal between the defendant his  widow and his two infant child and make his widow one of his executor after  the testator death a bill be exhibit in chancery in the name of the two infant  child by Joseph mend dam Costa who be their relation as their prochein any to  have a account and discovery of the personal estate of the plaintiff the  infant father to which bill the defendant be subpoena to appear and answer  whereupon several of the relation of the infant by the father side together  with some of their relation by the mother side near than the prochein any make  a peer William affidavit that due care be take of the infant and of their  estate with which they be well satisfy and that they believe this suit be  exhibit rather out of a pique than any real concern for the infant benefit  there be a suit institute in the spiritual court by the prochein amiss son  against the infant mother upon a marriage contract allege to have be make by  her with he the master of the roll on a petition Reg lib a fol order that it  shall be refer to a master to certify whether this suit be bring for the  benefit of the infant the plaintiff and whether it be proper the same shall be  prosecute or not as to the power of the prochein any to obtain this reference  see the judgement in Taner v ivy ves sen and contra Jones v Powell mere the  defendant to procure the report within a month pursuant to which the master  make his report state the fact as above and that he do not conceive this suit  as now bring be for the benefit of the infant or proper to be prosecute but  that he think if a proper bill be bring by a proper prochein any with a real  intention to secure the estate of the infant it may be for their benefit that  such a suit shall be prosecute the agent for the defendant perceive the  opinion of the master file a new bill in the infant name by another prochein  any for a account of the infant estate in order that it may be improve and now  move the Lord chancellor that the former bill in the infant name may be  dismiss and the prochein any name therein see turner v turner vol pay the cost  as to a prochein any of a infant be liable to cost see Taner v ivy ub sup  Whittaker v Marlar Cox anon mad Buckton v Buckton dick pierce v pierce Ves  Morgan v Crumpton bunb peer William Lord chancellor the report of the master  not be except to must be take to be true and since such report certify that it  be not proper this suit shall peer William er p be prosecute not be for the  infant benefit I shall not suffer any further proceed upon it at least as yet  but see the master report that a suit may be bring for the benefit of the  infant and it do not at present appear whether the last bill come within that  description all I shall do will be to prevent the party from proceed in both  bill which will be vexatious wherefore let all proceed stay on the first bill  in disfavour of which the master have report a master by his report certify  that the defendant have submit to deliver part of the plate in question to the  plaintiff to which the defendant except insist that he have make no such  submission as to the admission of a fact by a party before the master see Lord  some order Oct Beamess order in Charles resolve that by mean of the report the  proof lie on the defendant who affidavit at least be necessary to falsify what  have be certify for though there be no reason that the master report shall be  arbitrary and conclusive upon any one yet it shall be presume prima fancy to  be true and turn it on the other side to show the contrary by the Lord Parker  the seal before easter term Allen v Pendlebury upon such a reference the  master may point out any improvement that may be make in the form of the suit  or any other circumstance for the infant benefit Sullivan v Sullivan mere peer  William de term S michaelis