case sir William sanderson versus glass may the plaintiff wife by virtue of  her marriage article have a power to charge certain premise with pound after  her death No settlement be make in pursuance of the article the wife absent  herself from the plaintiff and execute the power of appointment in favour of  the defendant a attorney in consideration of the service he have render her  after the wife death the plaintiff pay the defendant several sum of money due  to he on the wife account for which he give a receipt in full but now insist  he have other claim upon the wife though he can not make any legal demand for  the same his lordship with the consent of the plaintiff and defendant decree  that the deed of appointment shall be deliver to the plaintiff to be cancel  and that the defendant shall execute a release of all his right under the  appointment Reg lib fol a solicitor make a absolute conveyance to himself of  pound from the plaintiff wife while she be part from her husband the  consideration express in the deed be for service do and favour show the bill  be bring to set asideathe deed as obtain by fraud Lord Hardwicke on all the  circumstance of this case decree the deed shall stand only as a security for  such sum as be just due to the defendant Lord chancellor there be evidence in  this cause which have weight on both side but it be necessary for the court to  determine on such circumstance as weigh most strong there be two ground for  this bill first to set aside a deed obtain by the defendant from lady  sanderson the plaintiff wife in her lifetime as a fraudulent one the other  ground be that the deed be intend as a conveyance in trust only for the  daughter of lady sanderson though the defendant have not make any declaration  of such trust it have be contend by the defendant counsel that the two head be  inconsistent but I think otherwise for not prepare the deed which be to  declare the trust be equal a fraud or at least a evidence of fraud atkins  first I shall consider the particular circumstance of this case second how far  the act themselves be a evidence of this trust as to the first here be a wife  as the defendant insist in a extreme bad state of health very cruel use by her  husband and under a necessity of part from he on the other hand the plaintiff  charge that she be great addict to drink in all part of the day and very often  intoxicate with liquor and this be not at all controvert by the defendant what  be the consequence to be draw from such a behaviour but that she must  necessary be a weak woman for under these circumstance she must stand on very  unfirm ground both as to her honour and her fortune with regard to the latter  she have a power to dispose of pound whether covert or discovert as she shall  think proper by any write under her hand now the draft of this deed which be a  absolute con atkins er p veyance of the pound to Mr glass the defendant have  be prepare six week before it be execute and likewise before lady sanderson  leave her husband and the deed itself be not execute till three week afterward  for on the that of march she leave the plaintiff and go to a lodging which Mr  glass have provide for her and on the that of march she execute the deed which  be now in contest before the court now what can be a great instance of  weakness than at the very time she be upon the brink of part to put the only  thing out of her power that can support her independent of her husband  consider it in another view with regard to her child which she be prove to  have be very fond of the husband too have a daughter by another venture be it  probable then that lady sanderson will give away this pound from herself and  her child who may have no other provision for nothing alienate the affection  of one parentso much as the other parent take away the child from under his  power and therefore the high weakness to leave her daughter quite destitute  and to the mercy of a enrage father it appear in the cause that she have make  a will but just before this time by which she give the pound absolute for the  child benefit now what occasion or pretence can there be for alter this will  atkins Mr glass to be sure have do act of kindness private for lady sanderson  but at the same time he be her attorney and in that capacity be it not his  duty to let her know the absurdity of the act she be do I be not at all clear  the woman know that this deed will absolute bind her it require the skill of a  lawyer to resolve that for power be give in a different manner some if once  execute be final other may be execute so often how often the consideration in  the deed be express to be for service do and favour show it be true say at the  bar that a security obtain by a attorney while he be do business for his  client or while a cause be depend appear to this court in a quite different  light than between two common person for if a attorney pendent light prevail  upon a client to agree to a exorbitant reward the court will either set it  aside entire or reduce it to the standard of those fee to which he be proper  entitle and this be the rule that weigh with I in Walmsley v booth hear may  the d ante SC draper company v Davis ante and if the court do not observe such  a rule it will expose client very much to the artifice of atorneys especial  feme covert who be in lady sandersons unfortunate circumstance it be true  there be witness which prove some declaration of lady sandersons great regard  for Mr glass and that she have often say no body shall have the pound except  himself but then the very same witness say it be to make he a satisfaction for  the sum he have advance for her and likewise out of a confidence that he will  take care of her daughter but on the other hand nothing can be strong to  encounter this evidence than what the plaintiff witness swear one of they in  particular who say she be with lady sanderson but two day before her death and  that she then declare she have give all to her child a very suspicious  circumstance to show that the defendant be conscious this deed be never intend  as a absolute conveyance to himself but only in trust be his deny there be any  deed at all in his custody when sir William sanderson ask he at the time he  pay he his bill the only material reason for his conceal it then must be to  prevent its be sift and inquire into lady sanderson be atkins alive who can  have discover the real design and intention of it for the reason he give in  the cause be a very simple one for fear of exasperate and incense sir William  sanderson who at that time be reconcile to his lady there be one observation  of the plaintiff counsel which be very material that the defendant have charge  in his bill so much for peruse the draft of this deed which he will never have  do if he have look upon it as a voluntary present to himself and therefore  this circumstance show very strong that he consider it mere as a trust lady  sanderson die in June the daughter in April follow and the defendant letter by  which he demand the pound of sir William sanderson by virtue of this deed be  not write till above a year and a half after their death in the beginning of  it he say your lady have a confidence in my honour and atkins er p integrity  towards you and her child and be likewise sensible of the service I have do  her and the favour she have receive from I do execute c now trust and  confidence be convertible term videathe essay on use and trust and must import  some trust relative to the act of the deed for the benefit of the child and at  the same time a compensation to he for favour and service this latter part  material fall in with lady sandersons declaration of her have secure to Mr  glass the several sum he have advance upon her account what be the result of  the whole but that here be a plain trust intend for the daughter mix and  couple with a recompense for the defendant for sum advance and service do and  a security to he at all event if sir William sanderson shall refuse to pay he  and after the defendant be satisfy the residue for the daughter nor can this  transaction be any other way reconcile with the declaration of lady sanderson  this way of consider the case make it reconcileable with reason the other make  it absurd and the act of a weak woman the consequence of my opinion will be  this if there be any sum remain which be just due to the defendant the deed in  the first place ought to stand as a security for that sum whatever it be but  the surplus must be deem to be a trust for the child who be dead the plaintiff  though he have not administer be legal entitle to as by her death it devolve  upon he and this decree be exact conformable to the direction my Lord Talbot  give in the case of proof v Hines case in the time of Lord Talbot