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tenants; and shewed that the Earl of Kildare, though no party in the cause, had petitioned the Lords, setting forth, as appellants have, which was without precedent, and prayed both petitions might be dismissed with costs.

Die Lunæ, 20 Aprilis, 1701. Upon hearing council upon both these petitions, it was ordered and adjudged by the Lords that the petition of John, Earl of Kildare, should be dismissed without prejudice to the Earl's title, and that the decree complained of by appellants be reversed, the Court of Chancery in Ireland having proceeded to hear the cause without proper parties, but without prejudice to the title of Sir Arthur Shaen; and it was further ordered that the respondent should forthwith amend his bill, and make the Earl of Kildare a defendant; and that the appellant should procure the Earl of Kildare to appear and answer before Michaelmas Term next, so that the cause might come on to be heard before the Chancery in Ireland as soon as might be; and that in case the appellants should not procure the Earl to appear, answer, and examine his witnesses, so as the cause might come on as aforesaid, that then the said decree should stand and be affirmed. Lords Journ. vol. xvi. p. 662.

The appellant made this case: That the father of Robert Dormer had married the half sister of respondents, Charles and Henry Bertie, and had issue by her the said Robert Dormer, who died without issue, seised of a real estate 2000l. per annum, and possessed of a great personal fortune, leaving appellant, the son of William, only brother to the said Robert's father, his heir at law, and that said Robert Dormer's real estate ought to have descended to appellant; but that a will, dated 10th November, 1693, had been set up by the contrivance of one Henry Cane, since deceased, who had been a bailiff or steward to Mr. Pitt and Sir John Borlace, and was once only employed by the said Robert Dormer, to take the accounts of his estate, which will give the respondent Charles Dormer, his brother of the half-blood, and his heirs 200l. per annum, in case he should be living three years next after testator's death, and desired his executors to settle it upon him out of his estate in Dorton and Brill, in the county Bucks; and if he should die before said three years, that then the said 200l. per annum, and the inheritance thereof, should be equally divided between the rest of said respondents younger brothers, viz. respondents William, Robert, Philip and James Dormer, and Clement Dormer (since deceased) that should be then living, to be and remain to them and their heirs; and in like manner devised 200l. per annum to each of the respondents, William, Robert, Philip and James Dormer, and to the said Clement, and to Frances Dormer his sister of the half-blood, if alive two years after his death, 1000l. to be paid by his executors, and in case she should die before that time, then of that 1000l. [129] 100l. each to Ann Dormer, her mother, and to her brothers, respondents, Charles, William, Robert, Philip and James Dormer, and said Clement Dormer, and the remaining 300l. to be equally divided between his acting executors, and to his uncles Peregrine Bertie, Esq. (since deceased) and respondents Charles and Henry Bertie, and the said Henry Cane (since deceased) 5l. apiece, to buy each of them a mourning ring; and directed all his debts, legacies, and funeral expences, to be paid by his executors; and gave all the rest of his real and personal estate whatsoever equally among his acting executors, and appointed his said uncles Peregrine, Charles and Henry Bertie, together with the said Henry Cane, deceased, executors of his said will: And the supposed testator died 1st February, 1693, and that this will was contrived and written by the said