case simon lloyd appellant William win et ux respondent that April Mews dig  way seven vern where a creditor by judgement recover be afterward find guilty  of fraud respect the whole of his demand he shall pay cost both at law and in  equity copy of a note bill of sale and state account if attend with concur  circumstance of undeniable credit will be admit as evidence Meredith Lloyd the  appellant brother on the that of September sign a bill or note whereby he  acknowledge himself indebt to the appellant in pound and on the same day he  execute a bill of sale of all his personal estate to the appellant for better  secure the payment of this debt he also on the that of the same month make his  will and thereby after direct all his debt to be pay and make provision for  his young child appoint his wife Margaret and the appellant executor on the  that of October Meredith Lloyd die at a distance from home whereupon the  appellant who be then with he take care of his funeral and make a inventory of  his effect but the personal estate of the testator appear insufficient to  satisfy his debt the appellant renounce the executorship and in consequence  thereof administration be grant to Margaret the widow who apply the asset in  payment of such of the testator debt as come to her knowledge and particular  in pay the appellant a debt of pound which be all that he then claim to be due  to he from the testator however about three year afterward the appellant set  up a demand of the pound under the bill or note and in bring a action against  the respondent and recover a verdict and judgement for pound the pound before  pay to he be deduct by the jury the defendant be unable to make any good  defence to that action because the asset have be apply in discharge debt of a  inferior nature brown but there be some ground to suspect the reality of the  appellant say demand the respondent in Michaelmas term exhibit their bill in  chancery against the appellant and also against Sidney Lloyd his sister pray  to be relieve against this judgement suggest that both the defendant have  insinuate to Meredith Lloyd in his lifetime the necessity of secure his  personal estate for the benefit of his child in order to deprive the plaintiff  Margaret his wife of her share of it and that they have thereby prevail with  he to sign and seal the note or bill of the that of September acknowledge  himself indebt to the defendant Simon in pound which be equivalent to the  value of his personal estate but that no money be due from Meredith to Simon  nor be any valuable consideration every give for such note to this bill the  defendant Simon put in a answer and thereby swear that his brother Meredith be  indebt to he in pound and that the note be give for secure the payment of that  debt and he deny all fraud and ill practice and all the other equity charge by  the bill the other defendant Sidney also by her answer deny the fraud suggest  against her by the bill and say she be a stranger to all the brown er p  transaction therein state to have happen between her say brother Meredith and  Simon in this state the cause rest until after Sidney Lloyd die when upon  search her paper it be discover that at the time when the note or bill for  pound be obtain from Meredith Lloyd the appellant prevail on he to execute a  deedpoll grant all his good and personal estate to the appellant for secure  the say pound as owe on a state account and in consideration of love and  affection but that underneath the say note or bill the appellant write a  memorandum in the word follow videlicet I the abovenamed Simon Lloyd do hereby  acquit the abovenamed Meredith Lloyd his executor etcetera of the sum  abovementioned and declare the deed of gift make by the say Meredith to I the  say Simon and bear equal date herewith be in trust for payment of the say  Meredith lloyd debt in some convenient time after his decease and for not the  purpose whatsoever that both these instrument be deposit in the hand of the  say Sidney Lloyd that about three year after meredith death the appellant  write a letter to the say Sidney desire her to send he those instrument which  he call the deed and state account that Sidney have take copy thereof return  the original as desire but underneath each of the copy write a memorandum in  the word follow videlicet this be a true copy take by I Sidney Lloyd this day  be the that of October the original my brother Simon Lloyd send a messenger  for that day it be draw with his own hand and that the appellant have in this  manner get the instrument into his hand cut off the memorandum at the bottom  of the bill or note for pound and then put the same in suit in consequence of  this discovery the respondent in Trinity term file a supplemental bill against  the appellant state brown the new matter and pray relief accord but the  appellant by his answer positive deny that there be any memorandum or write  under the say pound note declare any trust or to any other purpose whatsoever  and swear that the say note and also the bill of sale be real give for secure  the say pound good fide due to he without any manner of trust on the that of  January the cause be hear before the Lord chancellor Cowper when it appear in  proof that the defendant have threaten that if the plaintiff Margaret will not  settle her estate upon her son John he will compel her to pay the pound it be  decree that upon the plaintiff make a settlement of the plaintiff Margaret  real estate to the use of herself for life with remainder to John her son by  Meredith in tail with like remainder to her two other son Roger and Sidney  successive in tail the defendant shall pay to the plaintiff pound which have  be pay out of the court to he with interest for the same from the time of his  receive thereof together with the plaintiff cost both at law and in that court  and that the say defendant shall also deliver up the say note or bill for  pound to the plaintiff to be cancel from this decree the defendant appeal  insist p king S Dodd that the pretend copy of the say note and memorandum and  of the say bill of sale ought not to have be admit as evidence not only  because they be no evidence in law but also because they be totatly  inconsistent with Sidney the sister answer of who handwriting the same be  suppose to be who if she have take such copy on the that of October can not by  her answer of the that of may true swear that she be a stranger to the account  and transaction between the appellant and the say Meredith but if the matter  appear doubtful yet as be a matter of fact it ought to have be try at law  before any decree shall have be find thereon and the rather because these  pretend copy be not prove to be true copy but be suspect to be forge as the  respondent witness very much differ from and contradict each other concern the  suppose trust that the appellant be decree to pay cost both at law and in  equity whereas if he be liable to pay any cost at all he ought not to pay the  cost at law where he recover a verdict upon full proof and where the  respondent plea of plene to manage be falsify by evidence show that sufficient  asset have come to their hand that the proposal of make the settlement be  throw out at the hear in order to induce the court to decree against the  appellant there be nothing in issue in the cause relative to such settlement  nor be the appellant any way concern therein brown er p and if any settlement  ought to have be make it shall have secure the remainder to the other child  and not have make the old son tenant in tail who be of age may bar the  subsequent remainder to all this it be answer t powys S Cowper that the copy  be attend with circumstance of undeniable credit videlicet a letter send by  the appellant to Sidney Lloyd and prove to be of his hand brown write her  declaration to several person that she do take such copy and proof that the  same be find among her paper after her death and these concurrent circumstance  render the copy proper evidence especial when on view the bill or note for  pound it be visible that some part of the paper have be cut off that if this  debt have be real it be not probable the appellant will have accept the pound  soon after meredith death and not mention the pound but let it lie dormant for  three year till the asset be whole exhaust in the payment of other debt that  trial at law be only proper to inform the conscience of the court concern fact  which the court apprehend to be doubtful but in this case the court be full  convince of the truth of the fact by the concur circumstance which appear to  support it and more especial upon view the paper so cut as aforesaid and  therefore there be no occasion for a trial that as to the matter of cost the  court be satisfy that the appellant proceed at law against conscience and  therefore he be just condemner to pay such cost as he have so occasion nor be  it at all material to this question that the respondent plea be find against  they upon the trial at law because though true in fact it be not so in a legal  sense all the asset have real be administer in pay debt of a inferior degree  which in the construction of law be a undue administration and therefore the  plea be in that respect falsify and as to the settlement of the estate no  decree can in strictness have be make to compel the respondent to make any  such settlement but as they have offer so to do the court find its decree on  such offer and can not do it in any other manner than as the respondent have  offer after hear counsel on this appeal it be order and adjudge that the same  shall be dismiss and the decree therein complain of affirm and that the  appellant shall pay the respondent William win the sum of pound for his cost  jour vol p