case William WEKETT et ux appellant John raby respondent d February Mews dig  way xv approve in in re Appleby Ch a on his deathbed desire his executor not  to trouble b for a bonddebt the executor nevertheless put the bind in suit  decree that he shall deliver up this bind to b to be cancel and pay his cost  both at law and in equity but the decree be reverse as to the cost there be a  great intimacy for several year between Walter Pigot Esq decease and the  respondent Mr Pigot employ he as his counsel and supply he from time to time  with several sum of money as his occasion require but Mr Pigot suspect that a  mortgage which the respondent have give he for secure the repayment of part of  the money so lend be fraudulent and that he have no title to the land which he  so mortgage he be great displease with the respondent and on the that of July  he state and adjust all account with he and the money then due to Mr Pigot for  principal and interest be pound S Mr Pigot generous give pound to the  respondent for his fee and other service and on the respondent earnest  solicitation deliver he up the mortgage as a security of no value and accept  his bind for the residue of the say debt be pound S which be all the security  as the respondent then declare he be capable of give for the same and the  respondent do at the same time execute a general release to Mr Pigot which he  require from the respondent to the end as he declare that the respondent may  not make large demand after his death on the appellant mary for business never  do and Mr Pigot from that time to the time of his death be not in friendship  with the respondent Mr Pigot many year before his death and from the time that  the appellant mary be six year old have a great friendship and acquaintance  with Mr Thornhill her father at who house he brown often lodge use the same as  his own and be under many obligation to Mr Thornhill and his family Mr Pigot  on the that of February duly make his last will in write and thereof appoint  the appellant mary his executrix and residuary legatee and on the d of march  die but in his last sickness and a few day before his death make this  declaration touch the respondent bind videlicet I have Raby bind which I keep  I do it deliver it up for I may live to want it more than he but when I die he  shall have it he shall not be ask or trouble for it brown er p after the death  of Mr Pigot the respondent be present at the inspection of his paper among  which be find the say bind apply to the appellant mary and desire she will  make he a present of it but do not pretend any right thereto and to induce the  appellant mary to deliver the same up he promise to be her counsel and to  serve her on all occasion as long as he live and several of the testator  relation then present back the respondent request and tell the appellant mary  they will also take it as a favour upon which and other assurance of the  respondent friendship the appellant mary tell he you may be easy for it be  safe in my hand but the respondent hint at accident which may put it out of  her power such as matrimony the appellant mary in confidence of the respondent  assistance and friendship reply if I marry I will deliver the bind to you the  night before the respondent have afterward act as the appellant mary apprehend  in many respect very unfriendly by her and she intermarry with the other  appellant they cause the say bind to be put in suit against the respondent to  stay the proceed in which suit by injunction the respondent in exhibit his  bill in the court of chancery against the appellant charge therein that Mr  Pigot have give express order to the appellant mary to deliver up the say bind  and pray a discovery thereof and that the same may be deliver up accord to  this bill the appellant put in their answer and the appellant mary positive  deny that Mr Pigot ever give her any order to deliver up the bind but own that  he declare in his last sickness and within a few day before his death that if  the respondent prove her friend and be not able to pay the bind she may then  spare he as he deserve and that Mr Pigot at the same time give direction about  his funeral and that this be the last discourse of Mr Pigot to her touch the  say bind or any other of his temporal concern on the d of February the cause  be hear before the Lord chancellor Macclesfield who be please to decree that  the bind shall be deliver up to be cancel and satisfaction acknowledge on the  record of the judgement give by order of court upon the say bind and that the  appellant shall pay the respondent his cost both at law and in equity to be  tax by the master brown from this decree the appellant appeal insist I Darnall  W Hamilton that it be not pretend by the respondent that he ever pay or  satisfy the bind in question or that the same be not give for a honest and  just debt or that he be not in circumstance to discharge it that the appellant  mary express swear in her answer that Mr Pigot give her no order to deliver up  the bind and as to the respondent pretence that such order be give in  consideration of and as a recompense for his great service it appear by the  proof in the cause that the respondent receive and accept of pound from Mr  Pigot in full for such service which Mr Pigot then declare he think a  sufficient gratuity for what the respondent have do for he and therefore  require a general release which be accord give that it be of very dangerous  consequence to admit proof of parole order to defeat a write will but as this  fact be deny by the answer and not support by the proof in the cause the bind  ought not to have be decree to be deliver up but the most that shall have be  do be to have direct a trial at law and which the appellant counsel pray for  at the hear that as the respondent pretence for have the bind deliver up be  find only upon a voluntary order without any valuable consideration and as the  action bring upon the bind be in the appellant mary capacity of executrix it  be conceive that under these circumstance there be not sufficient ground for  make the decree on the other side it be contend t reeves c Talbot that a  parole order attend with Mr Pigot declaration in his last sickness and his  express direction give to the appellant mary her acknowledgement thereof and  her express promise to deliver up the bind pursuant to those direction be  sufficient evidence of a trust repose in her by the testator for that purpose  and her promise be also sufficient to enforce a performance of such trust that  the respondent equity be find on matter within the knowledge and privity of  the appellant mary and on her own breach of trust in put the bind in suit  contrary to the testator order and her express promise and therefore the  appellant be very just decree to pay the respondent his cost both at law and  in equity brown er p after hear counsel on this appeal it be order and adjudge  that so much of the decree complain of as order that the bind give by the  respondent to Walter Pigot Esq shall be deliver up to be cancel and that  satisfaction shall be acknowledge on the record of the judgement give by order  of the court upon the say bind shall be affirm and it be further order and  adjudge that the remain part of the say decree which direct that the appellant  shall pay the respondent his cost both at law and in equity to be tax by one  of the master of the same court shall be reverse jour vol p