brown case Frances stanhope widow and another Appellants sir John  TOPPE Respondent that may Mews dig seven equity will not carry unreasonable  bargain into execution and therefore where a agree to pay b pound ayear for  his board lodging c be agreement be set aside as be unreasonable and the  master be direct to inquire what accommodation a have and what b reasonable  deserve for the same and to make he a allowance accord viner vol p can Eq can  ab note to can ground and rudiment of law and equity can S sir Francis top  bart by deed date the that of October charge his manor and land of Tormarton  in Gloucestershire with a rentcharge of pound per and to dame Elizabeth his  wife and thereby also limit a term of year to trustee to raise pound for the  portion of the appellant Frances his daughter Payable at eighteen or marriage  and pound per and in the mean time and afterward by his will date the that of  November he char other land with pound per and more to the say dame Elizabeth  until the respondent his on shall attain his age of twentyone and direct that  the residue of the rend as also his personal estate except some particular sum  thereby direct to be lie out in a purchase of land and settle on his say son  shall be apply in discharge his funeral expense debt and legacy and for raise  pound for the appellant Frances as a addition to her portion and pound per and  addition to her maintenance and of his say will he make dame Elizabeth  executrix in sir Francis die leave issue only the respondent then a infant and  the appellant Frances who in about four year afterward intermarry with Charles  Stanhope esquire to who dame Elizabeth pay the pound portion with money which  have be give her by her friend and what she have lie up out of her jointure  she not have be able to raise the same out of the real estate of sir Francis  which at his death be only about pound per and and not sufficient to answer  the pound per and to dame Elizabeth and the maintenance of her child and as to  the brown er p personal estate the same be inconsiderable and not sufficient  to discharge sir Francis debt and legacy in the year the respondent marry dame  Barbara daughter of sir Walter saint John who portion be pound be settle as a  provision for the young child of that marriage Payable after his death the say  dame Barbara die in the year leave issue only a son name saint John top and  two daughter one of who marry John Hungerford esquire but without the consent  or knowledge of the respondent her father and both of they by undutiful act  have high disoblige he soon after the death of dame Barbara one Bernard and  other get into possession of the respondent estate pretend a title thereto by  virtue of some deed make to they by the respondent at which dame Elizabeth his  mother be much alarm brown prevail upon he to come and reside with her at  Mansfield at the house of Mr Stanhope the appellant frances husband and the  respondent be please with his be be he come to a agreement with Mr Stanhope to  pay he pound per and for lodging diet and wash for himself and two servant and  for keep he a coach and pair of horse and find all necessary for the same  which agreement be reduce into write and sign by the respondent in the  presence and with the approbation of his say mother and afterward Mr Stanhope  at the desire of dame Elizabeth undertake to recover the respondent estate  from the person who have get into possession thereof and accord ejectment be  bring and a verdict obtain for the respondent and thereupon several suit at  law and in equity be commence and Mr Stanhope be at the whole expense of those  suit and the respondent be at length quiet in possession by the court of  chancery in order to reimburse dame Elizabeth the pound which she have advance  to Mr Stanhope for his wife portion with interest for the same the respondent  together with the executor of the survive trustee of the year term by  indenture date the d of February assign the premise comprise therein to new  trustee for the remainder of that term upon the trust mention in the  settlement and afterward these new trustee together with the respondent for  the more effectual raise the say pound and interest by another indenture date  the that of may assign the same premise to other trustee upon trust that dame  Elizabeth shall receive the rend for her life till the say pound and interest  shall be pay and if she die before the same be pay then to permit the  respondent to receive the rend and profit thereof to his own use and if he die  before the same be pay then to permit his son saint John top to receive the  rend and profit to his own use and if he die before the say pound and interest  be pay then to permit the appellant Frances to receive the rend and profit  during the remainder of the term until the residue of the say pound and  interest shall be pay and as to the advowson of Tormarton which be worth per  and that be declare to be in trust for and for the benefit of the appellant dr  Michael Stanhope in may dame Elizabeth die have first make her will whereby  she give several legacy to the appellant Frances and make the respondent her  son executor have never receive any part of the say pound and interest or any  of the rend of the estate charge therewith by virtue of the say last  assignment the respondent have not only settle his wife portion and other  money for a provision for his say daughter after his death but also charge his  estate with pound more for they and be thereby incapable in great measure of  make a suitable provision for his say son or any settlement on a second  marriage Mr Hungerford who have marry one of the respondent brown daughter and  Elizabeth top the other daughter agree in consideration of pound to be pay  they by the respondent and of be let into the immediate possession of dame  Barbara portion which they be not entitle to till after the respondent death  to release and surrender the security for the say pound which agreement be  bring about by the great application and endeavour of Mr Stanhope in his life  time and of the appellant after his death at the request of the respondent and  a great deal of money and time be spend by they in bring about the same in  January saint John top the son die without issue and the respondent brown er p  have no other son and but two daughter who be both ample provide for by their  mother portion which together with the interest thereof and the pound pay they  by their father amount to pound or thereabouts and the respondent take into  consideration the great kindness receive from the appellant Frances and her  husband and the service which they and the appellant dr Stanhope have do for  he by indenture date the that of April the survive trustee in the last  assignment by the direction of the respondent and in consideration of love and  affection to the appellant his sister do assign the premise comprise in the  year term for the residue of that term to other trustee upon trust as to all  the premise except the advowson of the church of Tormarton to permit the  appellant Frances during her life to receive the rend thereof towards  satisfaction of the say pound and interest until the same shall be pay and if  not pay in her lifetime then to permit such person as she by will or other  write shall appoint to receive the rend of the premise until the say pound and  interest shall be full pay and as to the say advowson that the trustee as soon  as the church become void shall present the appellant dr Stanhope to the same  or such other qualify person as he by write under his hand shall appoint and  for want of such appointment then such person as the respondent or who else  shall be entitle to the inheritance thereof shall appoint the trustee be only  to present for one turn and then the term as to the advowson be to cease the  respondent after the death of his son marry Sarah Charlton his second wife  upon who he have previous make no settlement but be desirous to make some  provision for her and unwilling that for want of issue male of his body his  whole estate shall descend to his two daughter who have very much disoblige he  and for who he have make such provision as aforesaid the respondent therefore  while at Liverpool with dame Sarah his wife send a letter to the appellant dr  Stanhope then in London desire he to get a settlement draw pursuant to the  instruction therewith send which the appellant accord do by the advice and  assistance of counsel and carry down the same to Tormarton where the  respondent and dame Sarah his wife then be and they have read over the say  settlement and find the same to be draw accord to the brown say instruction  the respondent execute it but soon after the respondent and dame Sarah his  wife be mind to make some alteration therein send for one Hicks their attorney  who have make such alteration in the say settlement as they desire and engross  the same over again it be execute by the respondent who at the same time  cancel or destroy the former settlement this last settlement be by lease and  release date the that and that of August and thereby the respondent convey the  manor of Broxtow and Basford in the county of Nottingham and other land  therein mention be part of his estate to trustee and their heir as to part  thereof to the use of himself for life remainder to his first and other son by  dame Sarah or any other wife in tail male remainder to the appellant Frances  for her life with remainder to the appellant dr Stanhope for his life and to  his first and other son in tail male remainder to Henry Philip and Charles  Stanhope son of the appellant Frances and to their respective son successive  in like manner remainder to the daughter of the respondent in tail and after  other remainder over remainder to the right heir of the respondent and as to  the residue of the say premise to the use of the respondent for life and to  his first and other son in tail male remainder to Edward top of Stockton  esquire for life and to his first and other son in tail male remainder to the  appellant dr Stanhope for his life and to his first and other son in tail male  with like remainder over as be limit touch the other land and in the say  settlement be contain a power for the respondent to limit any part of the  premise not exceed pound ayear or any sum not exceed pound a year for the  jointure of dame Sarah or any other wife and a declaration that every person  take by the settlement after the death of the respondent without issue male  shall take the surname of top and in pursuance of this power the respondent by  deed date the that of the same month of August charge the land therein mention  with a rentcharge of pound per and clear of tax to the say dame Sarah for her  life the respondent and dame Sarah soon afterward allege that they have brown  er p great occasion for money prevail upon the appellant Frances to join with  the trustee of the last mention assignment in assign over the say year term to  dr sloper as a security for pound pound of which be pay to the appellant  Frances by order of the respondent in part of what be due to her as executrix  of her say husband who die same time before for the respondent board and other  disbursement and the remain pound be pay to the respondent and the appellant  Frances enter into a bind to the say dr sloper for better secure the say pound  and interest during the illness of saint John top the respondent son which be  linger he be constant attend by the appellant dr Stanhope who disburse several  sum for doctor fee and brown other necessary for he and after his death dr  Stanhope at the request of the respondent carry he down to be bury at comb  Bissett and disburse the whole money for the funeral the respondent be by  these mean become indebt to dr Stanhope they settle a account together in the  presence of dame Sarah and one burden the respondent agent and John Crockett  his steward upon the balance of which account there appear due to dr Stanhope  pound S d the respondent give his note for the same whereupon dr Stanhope  deliver up all his voucher and take a general release and the money be  afterward pay the note be deliver up but misunderstand soon after arise  between these party the respondent and dame Sarah his wife in exhibit their  bill in chancery against the appellant which be afterward amend and the  several I remainder man mention in the settlement make party in order to  impeach and set aside the say settlement and the other deed and write before  mention upon a suggestion that the respondent be a person of a weak capacity  and understanding the appellant have put in their answer to this bill and  thereby deny all fraud and imposition the appellant Frances soon afterward  exhibit a cross bill against the respondent to compel he to come to a account  and make satisfaction for what he be indebt to her as executrix of her late  husband and to have the say several deed establish and that she may be admit  to redeem dr slopers mortgage on the that of February both cause be hear  before the Lord chancellor Parker when his lordship be please to declare that  the assignment of the term for year to dame Elizabeth and the subsequent  assignment thereof and all the other deed and security obtain by any of the  party from the respondent and also the state account between he and the  appellant dr Stanhope and the release to the say appellant be obtain by fraud  circumvention and imposition and do therefore order and decree that the same  shall be set aside except the assignment of the year term and a judgement in  ejectment obtain thereupon which be only to remain as a security for what upon  a account to be take shall appear to be just due from the respondent to the  appellant for any sum by they or by the say Charles Stanhope decease real  advance lie out or disburse for the benefit of the respondent and a account be  direct to be take of the rend of the respondent estate from the death of dame  Barbara his first wife which be receive by the say Charles Stanhope during his  life and by the appellant Frances and the master be to inquire what  accommodation the respondent have during the time he live with the appellant  Frances or her late husband and what they deserve for the same and to make a  allowance thereof upon the account his lordship declare that the agreement for  the respondent to pay pound ayear for his board appear in itself to be  unreasonable and what upon the say account shall brown appear to have come to  the hand of the say Charles Stanhope be to be answer out of his asset or to go  towards discharge of what just demand he have against the respondent and it be  further order that in take the say several account the master be to make all  just allowance but he be to make no allowance against the respondent but what  shall appear for his use and benefit and the master be also to take a account  of what be due upon dr slopers mortgage and the respondent be decree to pay  the same with cost at such time and place as the master shall appoint and it  be further order that the appellant shall pay brown er p the respondent his  cost in the original cause so far as relate to the set aside the deed together  with the cost direct to be pay by the respondent to the other defendant in  that cause and the cross bill so far as it seek to establish the deed and to  redeem dr slopers mortgage be dismiss with cost from this decree the defendant  in the original cause appeal I Darnall c Phipps because the several assignment  of the year term and the other deed and write execute by the respondent as  also the state account be decree to be set aside as have be obtain by fraud  imposition and circumvention whereas it be insist that it do not appear by any  proof in the cause that the appellant Frances or her late husband use any  fraudulent mean whatsoever to obtain the say assignment or that the respondent  be any way impose upon therein and as she have deny all such fraud and  imposition by her answer it be conceive that nothing less than the plain and  positive oath of two witness at least be sufficient to outweigh what she have  so swear but no such proof have be make and as to the appellant dr Stanhope it  do not appear that he be even privy to the make either of those assignment  that if it have be think reasonable to set aside the last agreement so far as  not to have permit the appellant Frances to have have the benefit thereof as  to the pound and interest yet before such assignment have be set aside the  master ought to have be direct to inquire whether the lady top be reimburse  the say pound which she advance for the appellant frances fortune with  interest either out of the personal estate of her late husband or by the rend  of the trust estate charge therewith and the year term ought to have stand as  a security for so much of the say pound and interest as shall have appear due  on such account and dr slopers mortgage ought not in the mean time to be  assign to the respondent upon his payment of what shall appear due thereon as  be decree but the same ought to have be direct to be assign to wait the event  of the say account that as to that part of the last assignment which relate to  the advowson of the church of Tormarton the appellant dr Stanhope humble  conceive there be no reason to set the same aside in regard it only give he  the next presentation to that live which he well deserve for the service that  he and his family have render to the respondent who be his uncle and have no  other relation brown in the church that there be no provision make by the  decree to indemnify the appellant Frances against the bind which he have give  to dr sloper for payment of the say pound nor any direction give for payment  of what on the account shall appear to be due to her both which it be  apprehend ought to have be do as to the agreement make by the respondent for  the payment of a year for his board c there be no proof of his be impose upon  therein or that any unfair method be use to obtain the same and as the quality  and estate of Mr Stanhope set he above any such practice so if he can have be  guilty thereof it be very improbable that lady top who be privy to that  agreement will have stand by and see her son impose upon and as to the  unreasonableness of this agreement declare by the decree it be conceive that a  year be no unreasonable allowance consider the respondent quality and that Mr  Stanhope be not only to find he and his two servant in diet wash and lodging  but be likewise to keep a coach and horse for he as to the settlement make by  the respondent it do not appear by any proof in the cause that the appellant  use any argument or persuasion to induce he to make the same or be in any  manner instrumental therein otherwise than that as dr Stanhope happen to be in  London he procure a settlement to be draw pursuant to the instruction which  the respondent send he for that purpose and the only witness who say any thing  to impeach what be do in respect to that settlement be one Hicks a attorney  who be send for by the respondent or his lady to make some alteration therein  but what he swear be so inconsistent and improbable that it be far from be  sufficient to overthrow the settlement even as it stand and much less to  charge the appellant with have use any fraud or circumvention in procure the  same especial consider what they have swear in their answer to the contrary  that there be no reason to set aside the state account as there be not the  least proof that the respondent be any way impose upon therein on the contrary  it be in proof that the say account and the brown er p voucher relate thereto  be peruse and examine in the presence of lady top by Mr burden the respondent  own agent and though dr Stanhope then deliver up his voucher yet he be decree  to account over again without have his voucher to verify one single item there  be no direction in the decree that the voucher shall be deliver back as there  ought to have be since it be think proper to open that account that the  direction to the master that in take the account he shall take care to make no  allowance against the respondent but what shall appear to be for his use and  benefit be not only unusual but will put the appellant under great difficulty  and hardship for though they may be able to prove several sum of money pay to  the respondent or by his order or for his use yet it may be very difficult if  not impossible to prove that all those sum be afterward actual apply for his  benefit so that by reason of this strictness in the brown decree many sum may  be disallow to the appellant in take the account which the respondent ought in  justice to be charge with and last that consider the nature and circumstance  of this case there be no reason why the appellant shall be punish with cost  and more especial the cost of set aside the deed because several of they be  execute while the appellant dr Stanhope be a infant and the other appellant  under coverture and as to the late Mr Stanhope as there be no proof of fraud  in any of his transaction with the respondent so on the other hand he appear  to have be very kind and serviceable to he on the other side it be say r  Raymond S Cowper that it appear as well from the act of the appellant as by  the proof in the cause that the respondent be a very weak person and easy  impose upon that the appellant have take a very unjust advantage of his  situation and use the most indirect mean and artifice to get he and his estate  into their own power and create misunderstand between he and his child that  the deed obtain by the appellant from the respondent of all his estate be get  by the great fraud and imposition some part of the estate be thereby make  liable to a demand of pound and the interest thereof which now amount to about  pound and be near as much as the estate be worth although this pound be pay  year ago and further that by these deed the respondent be make only tenant for  life without power of make provision for his young child or of make lease and  even without a power of revocation whereby he be not only render unable to  provide for his young child but to pay any just debt upon the whole it clear  appear that the respondent out of his affection to the appellant be prevail  upon by they to act so unnatural towards his own child as to disinherit they  of his whole estate and that by mean of the appellant service the respondent  who be in a flourish condition when he come under their management will in  case their demand be allow be involve in such great debt and encumbrance that  he must be utter ruin be by their contrivance render incapable of raise any  money to discharge the same 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 and it be further order that the appellant shall pay the  respondent pound for his cost in respect of the say appeal jour vol p brown er  p