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great occasion for money, prevailed upon the appellant Frances to join with the trustees of the last mentioned assignment, in assigning over the said 500 years term to Dr. Sloper, as a security for £500; £100 of which was paid to the appellant Frances, by order of the respondent, in part of what was due to her as executrix of her said husband (who died some time before) for the respondent's board and other disbursements, and the remaining £400 was paid to the respondent; and the appellant Frances entered into a bond to the said Dr. Sloper, for better securing the said £500 and interest.

During the illness of St. John Toppe, the respondent's son, which was lingering, he was constantly attended by the appellant Dr. Stanhope, who disbursed several sums for doctors fees and [161] other necessaries for him; and after his death, Dr. Stanhope, at the request of the respondent, carried him down to be buried at Comb Bissett, and disbursed the whole money for the funeral.

The respondent being, by these means, become indebted to Dr. Stanhope, they settled an account together, in the presence of Dame Sarah and one Burden, the respondent's agent, and John Crockett his steward; upon the balance of which account, there appearing due to Dr. Stanhope £75 8s. 5d. the respondent gave his note for the same; whereupon Dr. Stanhope delivered up all his vouchers, and took a general release; and the money being afterwards paid, the note was delivered up.

But misunderstandings soon after arising between these parties, the respondent and Dame Sarah bis wife, in 1714, exhibited their bill in Chancery against the appellants, which was afterwards amended, and the several remainder-men mentioned in the settlement made parties; in order to impeach and set aside the said settlement, and the other deeds and writings before mentioned; upon a suggestion, that the respondent was a person of a weak capacity and understanding.

The appellants having put in their answers to this bill, and thereby denied all fraud and imposition; the appellant Frances soon afterwards exhibited a cross bill against the respondent, to compel him to come to an account, and make satisfaction for what he was indebted to her, as executrix of her late husband; and to have the said several deeds established, and that she might be admitted to redeem Dr. Sloper's mortgage.

On the 24th of February 1718, both causes were heard before the Lord Chancellor Parker; when his Lordship was pleased to declare, that the assignment of the term for 500 years to Dame Elizabeth, and the subsequent assignments thereof, and all the other deeds and securities obtained by any of the parties from the respondent, and also the stated account between him and the appellant Dr. Stanhope, and the release to the said appellant, were obtained by fraud, circumvention, and imposition; and did therefore order and decree, that the same should be set aside, except the assignment of the 500 years term, and a judgment in ejectment obtained thereupon, which were only to remain as a security for what, upon an account to be taken, should appear to be justly due from the respondent to the appellants, for any sums by them, or by the said Charles Stanhope, deceased, really advanced, laid out, or disbursed for the benefit of the respondent. And an account was directed to be taken of the rents of the respondent's estate, from the death of Dame Barbara his first wife, which were received by the said Charles Stanhope during his life, and by the appellant Frances. And the Master was to inquire, what accommodation the respondent had, during the time he lived with the appellant Frances, or her late husband, and what they deserved for the same, and to make an allowance thereof upon the account; his Lordship declaring, that the agreement for the respondent to pay £240 a-year for his board, appeared, in itself, to be unreasonable; and what, upon the said account, should [162] appear to have come to the hands of the said Charles Stanhope, was to be answered out of his assets, or to go towards discharge of what just demands he had against the respondent. And it was further ordered, that in taking the said several accounts, the Master was to make all just allowances; but he was to make no allowance against the respondent, but what should appear for his use and benefit. And the Master was also to take an account of what was due upon Dr. Sloper's mortgage, and the respondent was decreed to pay the same with costs, at such time and place as the Master should appoint. And it was further ordered, that the appellants should pay