BARNESLY v powell August see note to S c Ves sen forge will c issue vide Ves  sen and see supplement p and also Richmond v tailor p W the bill seek to be  relieve against a paperwriting of the that October purport to be the will of  plaintiff father under which the defendant mansel Powel claim and which be not  without evidence to support it although there be strong suspicion of forgery  it be also to be relieve against vesey senior several act of the plaintiff  since his father death such as a decree of the court of exchequer against he  and a sentence in the prerogative court wherein the plaintiff consent to  establish that will by a probate be obtain and conveyance and assurance make  by he Lord chancellor I be unwilling to declare my opinion for fear of some  new contrivance undoubted the whole must turn upon the reality or fairness of  the will for if forge it explain every transaction in the case give credit to  all the evidence on the part of the plaintiff show combination c ind this  management to be a imposition upon he wms atk it be unfit for a court of  equity to determine a question of forgery by their own determination of the  fact unless where it be very plain and no evidence to support it which I can  say there be not here so as to set it aside the only thing I have consider be  to come at the trial clear so as the plaintiff may not be entangle by his act  and there be enough in the case to set aside every thing of that sort at the  trial and prevent its be make use of there be a great deal of management which  ought to be discountenance if in a doubtful case both party come to a  agreement prejudice to one side be not a ground for a court of equity to set  it aside but if forgery appear there be no real consideration upon the merit  then none of these fact shall be give in evidence at the trial to support the  will the consequence be another consideration which will arise proper  afterward Ves sen there be several instance of relief notwithstanding a former  decree if obtain by fraud and imposition which infect judgement at law and  decree of all court a annul the whole in the consideration of this court as  hold by Lord Macclesfield in Richmond v tailor as to the sentence of the  prerogative court as at present advice that will create no difficulty if the  will be find forge for then the plaintiff consent appear to have be obtain by  the misrepresentation of that forge will that fraud infect the sentence  against which the relief must be here to be not absolute but only to show the  tendency of my opinion upon the equity reserve after the trial for I shall not  scruple decree the defendant who obtain that probate to stand as a trustee in  respect of the probate which will not overturn the jurisdiction of that court  the issue be direct accord with a special direction in the decretal order to  know upon what foundation the jury go if they find against the will whether  upon forgery or any particular defect in the execution Reg lib a fol see the  supplement p and