case the dowager marchioness OF Annandale and others Appellants and  HARRIS Respondent that march Mews dig I go Robinson v Cox Mod a execute a deed  whereby he agree that his executor etcetera shall after his death pay pound in  order to purchase a annuity for the life of herself and a bastard child beget  on her by a equity will compel a specific performance of this agreement wms Eq  ab can the respondent be the daughter of Edward Harris former governor of the  isle of jersey who bring her up in a genteel sober and regular manner but be  afterward great reduce by misfortune he leave her at his death very young and  in a helpless condition in may William marquis of Annandale apply to the  respondent to become his housekeeper which consider her narrow circumstance  she be the more easy prevail upon to accept and for some time behave herself  well and virtuous but be at length prevail upon by the marquis to cohabit with  he the respondent afterward prove with child and the marquis be very desirous  to make some provision for the support and maintenance of the respondent and  such child when the same shall be bear and for the long liver of they do of  his own free will and offer procure to be prepare and on the that of September  execute a bind to the respondent in the penalty of pound condition for the  heir executor or administrator of the marquis pay to the respondent pound  within one month after his death and on the same day the marquis and the  respondent mutual execute a deed or instrument whereby after recite the say  bind the marquis declare that as well for diverse good cause and consideration  as for rand in consideration of the love and affection which he bear to the  respondent and a child already beget by he on her body and for a provision or  maintenance for the respondent and such brown er p child after the death of he  the say marquis he do full free and absolute give grant and confirm unto the  respondent the sum of pound so secure by the say recite bind to be pay to the  respondent out of the personal estate good and chattel of he the say marquis  to have and to hold the aforesaid sum of pound unto the respondent after the  death of the say marquis from thenceforth for ever without any manner of claim  challenge or demand of or by any other person or person whatsoever but to  brown the several use intent and purpose after mention videlicet that the say  sum of pound shall be place and lie out on a annuity or yearly income to and  for the only proper use and benefit of the respondent and the child beget by  he the say marquis on her body as aforesaid and to be pay to they during the  life of the respondent and the say child or the long liver of they on the that  of November the respondent be bring to bed of a female child by the marquis  but which die on the that of December follow on the that of January the  marquis die have make his will and thereby appoint the the appellant the  marchioness his executrix and direct that she shall pay out of his personal  estate all his lawful executory and personal debt in which Lord Johnston his  old son be not bind and which be contract since the saint of April the  appellant the marchioness soon after the death of the marquis prove the will  in the prerogative court of Canterbury and possess herself of his personal  estate to the amount of about pound the respondent soon after the death of the  marquis make her application to be pay the money due to her but the appellant  refuse to pay the same a action be bring upon the bind whereupon in Michaelmas  term the appellant exhibit her bill in chancery against the respondent pray a  discovery of the say bind and deed and in who presence upon what inducement  and for what consideration the same be execute and a injunction to stay the  respondent proceed at law on the bind to this bill the respondent put in her  answer set forth the matter aforesaid and the say bind and deed and that the  same be give for the consideration aforesaid without any fraud or  circumvention that the marquis himself procure such bind and deed to be draw  and that the respondent know not who prepare the same the respondent proceed  to trial in her action but the appellant the marchioness have plead non be  factum and one of the witness be dead and the other in Scotland the respondent  can not prove the execution of the bind and be therefore nonsuit but in  October she file her bill in chancery against the appellant set forth the  matter aforesaid and pray a discovery of the late marquis asset and to be  thereout pay the pound and interest the appellant put in their answer to this  bill set forth the marquis will and a account of his personal estate come to  the hand of the appellant the marchioness and the payment she have make  thereout and admit that upon inspect the deed and bind she apprehend the  subscription thereto to be like the marquis write issue be join several  witness be examine on both brown side and on the that of January both cause  come on to be hear before the Lord chancellor king when his lordship declare  he see no cause to give the plaintiff in the original cause any relief and  therefore order the original bill to be dismiss with cost to be pay out of  asset and in the cross cause it be order and decree that it shall be refer to  the master to take a account of what be due for principal and interest on the  say deed of the that of September from the end of one month after the death of  the say late marquis of Annandale and also of the asset of the say late  marquis which have come to the hand of the appellant the marchioness or any  other person or person on her behalf and what the master shall find and  certify to be due to the respondent for principal and interest as aforesaid  and for her cost in the cross cause the appellant the marchioness be decree to  pay to the respondent out of asset in a course of administration brown er p on  the that of December the master make his report and thereby certify that pound  S will on the that of January be come due to the respondent for principal  money interest and cost pursuant to the decree and that the appellant after  the death of the marquis do possess herself of his personal estate amount to  pound S d out of which she have pay pound S d so that there remain in the  appellant hand pound S out of which she be to pay the beforementioned sum of  pound S to the respondent accord to the decree the appellant apprehend this  decree to be erroneous appeal from it and on their behalf it be insist p York  c Talbot that the respondent demand as well by her cross bill as in her action  at law be find on the bind in the proof of the execution whereof she have fail  both at law and in equity that the deed on which the decree be find appear to  bear even date with the bind to which there be two witness and yet the deed be  attest by one of those witness only which render the execution of it  suspicious and even the proof of such execution depend on the proof of the  handwriting of that single witness who be now dead that in this case no  assistance ought to be give in a court of equity in favour of a demand for so  large a sum of money and find on such a consideration and in regard it be also  in proof that the respondent come into the late marquis family in a very low  and mean condition and afterward make several considerable advantage to  herself that if this decree shall stand the appellant the marchioness will be  liable to make satisfaction to the respondent out of her own estate for so  much as the asset of the marquis remain unadministered shall fall short of the  principal and interest claim to be due on the deed although she have apply the  asset already administer in satisfaction of the funeral expense and just debt  of the marquis most of which debt be due on simple contract only and that many  brown of the unsatisfy creditor may be disappoint and the appellant the infant  will be total deprive of the provision intend for they by their father will  and leave without any manner of provision for their maintenance or education  from he and therefore it be pray that the decree may be reverse and the  respondent bill dismiss with cost on the other side it be only say t Lutwyche  W Hamilton that the execution of the deed be duly prove and that the marquis  subscription thereto be prove to be of his handwriting and therefore and as  the appellant the marchioness have asset in her hand more than sufficient to  satisfy the respondent just demand it be hope that the decree will be affirm  and the appeal dismiss with cost accord after hear counsel on this appeal it  be order and adjudge that the same shall be dismiss and the decree therein  complain of affirm jour vol p