case henry GAGE Appellant Elizabeth lister Widow Respondent that December Mews  dig seven a wife be part from her husband and have a separate allowance may  make a gift of her save as if she be a feme sole and the person to who such  gift be make shall not be consider as a trustee for the husband viner vol p  can p can in the year the appellant marry the lady butler who be the widow and  relict of sir John butler and as such entitle to a jointure of pound per and  but misunderstand arise between they they in the year agree upon a separation  which accord take place and the appellant on that occasion settle pound ayear  part of the jointureestate upon his lady for her life soon afterward the lady  butler go to the respondent house in Austin friar London where she continue to  board and lodge until the time of her death and have save money out of her  separate maintenance she in February deposit pound in the hand of Ralph Lawton  and Christopher Montague esquire and take their joint note for the same  Payable to the respondent or bearer after the death of lady butler the  respondent set up a nuncupative will under which she claim to be entitle to  this note and all other her ladyship estate but she afterward drop this claim  and offer the appellant pound as a composition which be refuse she then claim  the whole pound as a gift from lady butler in recompense for her service the  appellant thereupon in June exhibit his bill in chancery as the administrator  of his late wife against brown the respondent and the say Christopher Montague  and the executor of the say Ralph Lawton who be then dead in order to recover  this pound insist that the defendant mrs listers name be make use of in the  say note as a trustee for lady butler but upon the come in of her answer  whereby the whole equity of the bill be deny the appellant do not think proper  to proceed any further in that suit and therefore on the d of June his say  bill be dismiss with cost brown er p on the that of November the executor of  Lawton and the say Christopher Montague exhibit their bill of interpleader in  the court of chancery against both the appellant and respondent for the  direction of the court to who they may safe pay the pound and this cause be at  issue and witness examine on both side the same be hear before the Lord keeper  wright on the that of January when his lordship declare that it be neither  confess or prove in the cause that the say money be in trust for the defendant  gage but it appear that the defendant Lister have a good title to the whole  pound and for as much as the same have be bring into court by the plaintiff in  order to the obtain a injunction his lordship do order and decree that the say  pound shall be pay out of court to the say defendant Lister and that the  plaintiff shall pay her interest for the same at the rate of pound per cent  per and from the time of its be so bring into court and it be refer to the  master to compute such interest and upon payment of the say pound out of court  to the say defendant Lister and also upon the plaintiff pay her the arrear of  interest it be order and decree that she shall deliver up the say note of the  plaintiff to be cancel and it be further order that the defendant gage shall  pay to the plaintiff and also to the say defendant Lister their respective  cost of that suit to be tax by the master from this decree the defendant gage  appeal and on his behalf it be insist f Wilkinson that it be incumbent upon  the respondent to make out by evidence the gift pretend by her answer but  which she have not do nor be there any proof in the cause that she have at any  time during lady butler life the say note for pound in her possession or that  she ever make any demand thereof or set up any title thereto beside it be the  most improbable thing imaginable that lady butler who love her money well  shall in her lifetime give away so large a sum as pound to a person who be no  manner of relation to her that this total contradict the pretence of a  nuncupative will which be the title first set up by the respondent and when  that fail her she know so little of any other title that she offer pound as a  composition that it appear from all the circumstance of the case that this  note be a trust for lady butler for it be admit by the respondent herself in  her answer that the pound in question be original lady butler money and it be  prove that she have brown great sum of money and use to lend it out in trustee  name for the purpose of concealment that this be always esteem by Mr Lawton to  be lady butler money and that she receive the interest of it and during all  her lifetime which be near five year after the money lend the respondent never  pretend to demand either principal or interest of Mr Lawton that the note be  make Payable to the respondent or bearer and as lady butler have always the  note in her custody she have the same right to demand the pound of Mr Lawton  and to give he a legal discharge by deliver up the note on payment of the  money as if it have be take in her own name on the other side it be say S  Hervey b Nelson that the suppose trust of the pound be no where prove in the  cause on the part of the appellant but that the contrary be full prove on the  part of the respondent as to the possession of the note it be prove that about  two year before lady butler die Mr Lawton come to pay her half a year interest  for the pound and that the respondent be then busy below stair lady butler  receive the interest and when the respondent come up give it to her say here  be Lawtons interest money and as to the offer of the pound as a composition it  be true that the appellant have examine the respondent agent to prove that  fact but it be equal true that the agent have not prove it and that therefore  his deposition be not read at the hear of the cause that the appellant proceed  have be very vexatious and expensive and render the intend kindness of lady  butler prejudicial to the respondent and her family and therefore 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 and that the appellant shall  pay the respondent pound for her cost jour vol p brown er p