case Elizabeth harvey appellant thomas western respondent appellant state that  Charles Harvey her father who be a freeman of London and respondent be partner  in a great iron trade wherein their first principal stock be only l of which  one three part be l be harvey and the other two three respondent and that by a  account state and sign between they saint march it appear that the l stock  have in seven year trade increase to l of which l be then esteem doubtful debt  so that Charles harvey share be then l and soon after that account make up  Charles and respondent by article date saint July enter into a new partnership  to continue for ten year long to commence from saint march and it be thereby  agree that the whole balance of the last state account together with l borrow  on their joint credit in all above l shall be employ to carry on the succeed  trade and that a account and dividend of the partable estate shall be yearly  make and if either die no advantage of survivorship but within six week a true  account shall be give and dividend make between the survivor and the executor  of the decease and what be not present dividable to be value and as soon as  may be convert into money and divide and any difference to be end by  arbitrator indifferent to be choose and that pursuant to these article the  joint trade be carry on with a stock of l and they trade with l borrow in  Charles harvey lifetime from saint march to that of October when Charles  Harvey die leave appellant his only child then about six year old have make a  will and appoint Elizabeth his wife since marry to Mr Chadwicke sole executrix  Colles and thereupon two three of his estate belong to his widow and the  remain three to appellant his only child by the custom of London and the whole  partnership estate and book it be possess by respondent the widow can not for  twelve week after testator death obtain from he any account at all and that  which be at length deliver that January be find so intricate immethodical  erroneous and unfair that no certain estimate can be thereby make of the  partable estate and respondent refuse to deliver any other or to produce the  book and threaten to ruin the widow with expensive suit who find herself under  a necessity of accept what he offer namely to refer the matter on the foot of  say erroneous account to two arbitrator Thomas bare and John boun one of they  a country gentleman whole skill in account of that nature who d June without  regard to the balance of the account state saint march or take a true account  of the profit from that time to testator death or of the true value of the  stock then remain and outstanding debt make a award whereby the widow be to  accept of l in money and a assignment of l more from the ordnance office which  by the respondent misinformation she be afterward prevail upon to part with to  he for l and thereupon to quit all her interest and demand to the whole estate  in partnership and accord she inconsiderate and by imposition submit to the  award and execute a release of all her right to the respondent but that  appellant be then a infant and have no guardian or person who take any care of  her interest in the partable estate to her father share in which she be  entitle to one three and Colles er p the award of the arbitrator can not  conclude the infant but the mother only as to her own share and proportion  appellant do not come of ago till and her estate be get into the chamber of  London she be not apprise of her right nor in a condition to prosecute it  until about eight year after she be of full age but as soon as she be inform  thereof videlicet in Trinitiy term she exhibit a bill for a account and  satisfaction of her share of the say estate in partnership and in bar to the  relief seek by this bill respondent plead the statute of limitation and the  say award make between he and appellant in mother and the mother release upon  argue which plea it be overrule Colles that November and respondent order to  answer the bill save to he on the hear the benefit of so much of the plea as  relate to the award and the respondent afterward put in a answer which be  report insufficient and he answer over and appellant reply and obtain several  order for the respondent to produce all book relate to the partnership before  a master of the court and several error and omission be find therein and also  in the account upon which the arbitrator ground their award and proof make of  several of those error and other matter sufficient as she be advice to  invalidate the account and set aside the award the cause be bring on to a hear  and her bill dismiss but the chancellor at the same time declare he think  appellant wrong by respondent and recommend it to he to make her a  satisfaction which he neglect and insist on the dismission and refuse to have  the account examine by a master thereby to deprive her of her share of the  partnership estate therefore she appeal from the say order of dismission and  insist the lord ought to open the say account and not suffer her to be  conclude by the award W William in affirmance of the dismiss the respondent  make this case that Charles Harvey a relation of respondent wife be take by  the respondent a partner in his say trade of a ironmonger in which their stock  be to be l two three be the respondent and one three harvey who not be able to  raise above l the respondent in kindness lend he l to make up his three of the  stock and have it repay out of his share of the profit as he can spare it and  afterward they enlarge their trade to the make and cast of iron gun and other  iron ware and in march the partner as they have former do for private  satisfaction cast up their stock and the rest then make amount to l beside l  throw out as bad debt owe to the stock and the stock then owe l S and be agree  to continue the joint trade with the say stock be exact in the estimate  because whenever they part a account be to be take of the whole trade and  partnership from the beginning and by article date saint day July agree to  keep on the joint trade for ten year from the saint march if they both live so  long and accord carry on joint trade Colles and deal in the old book till that  October when Charles Harvey die after which respondent with the consent of  Elizabeth Harvey executrix of Charles cause extract and account of the say  joint stock and estate to be take by Thomas Harvey the appellant uncle and who  have serve a apprenticeship to the say joint trade and keep the cash and  manage the trade for the copartner in harvey last sickness and Edmund Harvey  another of the appellant uncle a experience tradesman and good accountant and  all the good and ware then in stock be by consent of the respondent and the  executrix appraise by they and with the debt owe to and by the stock l be  throw out as bad debt the neat stock be l but the executrix obstruct the close  the say account insist that the copartnership be not determine by her testator  death but she ought to be partner in his stead and difference thereupon arise  between respondent and the executrix they pursuant to the article refer all  matter in difference to John boun the executrixs brotherinlaw and Thomas bare  the appellant near kinsman who be then a iron master with who say extract be  leave as a true account admit by both party and all the partnership book be  lie before they and examine with the extract and the executrix and appellant  two uncle on her and her say mother behalf manage the reference before the  arbitrator who on full information d June make their award in write and award  respondent Colles er p to pay the executrix over and above l which she have  draw out of the stock before l at two payment and secure the same by  respondent bind and to assign her a three of a debt of l owe for royal  ordnance and save her harmless from all debt owe by the stock and that  respondent shall enjoy the rest of the estate and that respondent and the  executrix shall release each other pursuant to which award respondent secure  to the executrix the l by two bind and afterward by indenture date that June  for a final end of all difference and in consideration of l pay her and l  secure to her as aforesaid and the three part of the l debt owe for royal  ordnance assign to her the say executrix assign and release to respondent all  other ware debt and thing belong to the partnership and all action and demand  whatsoever relate to the partnership Colles and the respondent by another part  of that indenture in like manner release the say executrix that respondent  afterward with the executrixs consent sell the l debt for l and pay her l her  three thereof and also the say l in discharge of his bind and all rest in  peace till about Michaelmas term when the appellant exhibit her bill in  chancery allege diverse error omission and under valuation in say account and  that the partnership book have be withhold and not lie before the arbitrator  whereby they be misguide to award the executrix less than her due share be as  allege one three of l and that the appellant be but six year old and a orphan  of the city of London when the award be make no act of executrix can bind her  and respondent have plead the statute of limitation the award make the several  great sum pay in performance thereof and the release give above twenty year  before the bill file which be not exhibit till near ten year after appellant  have attain her age of year the court overrule the plea of the statute and  order the respondent to answer the bill but reserve the benefit of the say  plea as to the award till the hear of the cause and respondent afterward full  answer and deny the whole equity of the bill and produce all the partnership  book before sir John franklin a master of the say court where appellant have  free access by herself and agent to inspect and take copy of what she think  fit to which end she employ two accomptants de die in diem for several month  before the hear and after examination of witness the cause come to be hear and  then upon appellant produce a affidavit that several book or account relate to  the partnership iron work in Sussex be in the respondent clerk hand there in  Sussex and not produce before the master although they afterward appear to be  lose account keep by the clerk for their own discharge and immaterial as to  make up the account of the say joint stock respondent be order to produce upon  oath what duplicate he have of they before the master and be examine upon  interrogatory touch the same and the court then give appellant six or seven  week time to reduce her objection to the account in write and to deliver they  to the respondent that he Colles may be provide to answer they at the hear and  a paper of thirteen several objection or error be accord deliver to the  respondent and the cause come to be further hear all book be bring into court  appellant endeavour to support her suppose error and be hear by her council to  five or six of they one after the other but be not able to make out any one of  they and the court declare they will go through with they appellant and her  council decline so do wherefore the court have hear the deposition of witness  on both side read and the cause have receive a full hear overrule the  objection and dismiss the bill but without cost for as much as the court  conceive the appellant have be misguide by the misinformation of her mother  and respondent show that whereas it be object that the sum award be less in  proportion than her share of l be the rest in march which may be suppose to be  much increase in the twenty month Charles Hamey afterward live that the rest  or estimate of the saint march be make up of good and debt and the good value  at a sell price and that many of the debt then reckon good prove bad and that  it appear by the book that Charles Harvey after the saint march draw out l S d  and then respondent must draw out double that sum both which amount to l S d  and that peace be conclude with the Dutch after the first of march all the  iron gun and shoot and material for Colles er p warcommodities fall to half  the price and lessen the stock exceed and that all this appear in proof in the  cause and that it will be hard after a account thus state a award make and  perform and mutual release give and twenty five year acquiescence under they  to lie open the account no gross error or mistake appear therein and all due  care have be take by appellant mother and uncle to settle the account for her  and her mother advantage t powys W Dobbyns die loveliness April after hear  council on this appeal it be order and adjudge by the lord that the decree of  dismission complain of shall be affirm lord journ vol xvi p