case William shepherd and another appellant John smith and other respondent  that December Mews dig way where executor make a unfair appraisement and  otherwise misbehave themselves in their trust they shall be liable to cost  John Newman the uncle of the respondent by his will date the that of April  give to the respondent John a legacy of pound to the respondent Stephen pound  and to the respondent Ann pound and after several small legacy to the child of  his more remote relation he make the appellant his executor and give they  pound apiece for their trouble and he give all the residue of his personal  estate to the respondent to be improve for they and together with their say  legacy to be pay when they shall respective attain twentyone and the testator  give to the appellant Stevens the lease of his farm for the residue of his  term from Michaelmas then next after the testator death the appellant prove  his will and possess themselves of his effect but though the father of the  respondent take a journey to see the appraisement fair make on behalf of his  child yet the appellant will not brown er p suffer he to be present at such  appraisement and get the same make by some friend of their own who great  undervalue some part and total omit other part of the testator estate it  therefore become necessary to compel the executor to account in the court of  chancery and a bill be on the that of February file against they in the name  of the respondent for that purpose to which bill they put in a answer state  the appraisement which have be make as a just and true one and insist that  they ought not to account for the summer profit of the testator farm on the  that of December the cause be hear before the Lord keeper wright who decree  the defendant to account for the testator personal estate and the summer  profit of his farm and to pay the plaintiff their legacy and residuary part  accord to the will and it be refer to a master to take the account and make  the defendant all just allowance but his lordship reserve the consideration of  cost until after the account shall be take in the course of the proceed before  the master the defendant put in two insufficient examination and which in  several instance vary from the account set forth in the answer in the answer  the defendant account only for seventy ewe and lamb of the value of pound S  but by their examination it appear there be sixtynine sheep and fiftyseven  lamb which brown be sell for pound S d beside pound S d receive for their wool  and by the answer the testator cow be value at only pound but by examination  it appear that they be sell for upward of pound and so in several other  particular the master have make his report both party take exception to it and  on the that of October these exception together with the matter of cost come  on to be argue before the Lord keeper when the plaintiff exception be allow  and those of the defendant disallow and it appear from the answer examination  and other proof in the cause that the defendant have very much misbehave  themselves in their trust the court order they to pay the cost of the suit to  be tax by the master by a second report the master certify that there be pound  in the hand of the defendant which belong to the plaintiff and which he  appoint they to bring in before he to be lie out for the plaintiff benefit  accord to the decree he also certify that he have tax the plaintiff cost at  pound S d this report be afterward duly confirm and the cost be pay accord on  the that of may the defendant prefer a petition say that they be Willing in  all thing to comply with the decree but pray a month time to bring the pound  into court and this be accord grant when this time be elapse they prefer  another petition again state their willingness to comply with the decree and  that they have in part perform the same but be not able to complete it within  the time limit and therefore pray three month further time to bring the money  into court offer to give security for such payment in that time but after hear  counsel on both side it be order that the defendant shall have only a  fortnight time to bring in the money instead of comply with the term of this  last order the defendant appeal from the whole of what the court of chancery  have do insist f page h Collett that they be only executor in trust that no  fraud or corruption have be prove against they and that to take away all  presumption of a breach of trust they have offer to justify themselves by a  trial at law in any manner the court shall direct but be refuse it that the  appellant have be serve with a writ of execution of the decree and threaten  with attachment and further process thereon if they do not forthwith pay down  the money and cost report against they and not be able to appeal as the  parliament be not then sit they pay the cost not as a acquiescence in the  order but to induce the court to stop further proceed for some time and when  they afterward apply for further time to pay the money it be in hope only of a  opportunity of appeal and therefore ought not now to be object against they  that they have accord as soon as possible appeal from these order and as they  have be put to a great deal of vexatious and unnecessary trouble and have  prove themselves of unquestionable brown credit and reputation they ought  instead of pay to have have their cost decree they especial as the testator  have so order it by express word in his will brown er p on the other side it  be say S Dodd n Lechmere that after a five year prosecution almost to the ruin  of the respondent and after the appellant have submit to pay and have actual  pay the cost and twice by petition consent to the decree and say they be  Willing to comply therewith in every thing it be hope that the appeal will be  dismiss with exemplary cost accord after hear counsel on this appeal it be  order and adjudge that the same shall be dismiss and the several order and  decree therein complain of affirm and that the appellant shall pay the  respondent pound for their cost jour vol p