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presence of two or more witnesses, should appoint; and for want of such appointment, to her right heirs for ever.

Mr. Edmonds died on the 14th of July 1715; and by articles between the respondent and Dame Ann, dated the 13th of August 1716, she, in consideration of his consent to her desire of living separate, agreed, that he should have paid to him, out of her separate effects, £1000 within three calendar months then next, with £200 per ann. parliamentary taxes deducted, for his life, payable quarterly: and it was thereby stipulated, that the agreement should be made an order of Court, and that the trustees should consent thereto; and that until such consent or order could be had, the agent for Dame Ann and her trustees should give security, by a bond of £1000 penalty, conditioned, that either Dame Ann should perform the articles on her part, and that such order of Court and consent as aforesaid should be had; or that Dame Ann should be [238] delivered up again into the possession of the respondent, in the Court of King's Bench, or in the Middle Temple Hall, on six days notice. And the respondent covenanted, that on being paid the £1000 and such consent and order being obtained, Dame Ann should live separate from him, without molestation; and that he would give security for his performance of the articles.

By an indorsement on these articles, dated the 24th of November 1716, the same were affirmed, and a proposal made for exchanging the £1000 for an additional annuity of £100 per ann. to the respondent for life.

To these articles and indorsement, the appellant Ellis was a subscribing witness; but, designing to defeat the articles, he prevailed with Dame Ann, between the date of the articles and the indorsement thereon, to make a will, or writing purporting to be her will, dated the 10th of November 1716, all written with his own hand, by which she made him, though no way related to her, sole executor and residuary legatee. And at the end of this will or writing, was the following extraordinary clause, viz.

That all the wills or papers pretended to be signed by her, and not having a silver penny in the seal, and lying between or under the wax, and not signed in the presence of her trustees, executor, or Mrs. Abigail Evelyn, or any two of them, should be deemed forged, or by compulsion.

In Hilary term 1717, Dame Ann and her trustees exhibited a bill in the Court of Exchequer against the respondent, to avoid the articles, suggesting, that the sane were obtained by duress. To which the respondent answered, and exhibited a cross bill to have the articles performed; and after witnesses were examined, both causes were heard on the 10th of November 1718, when the Court being divided in opinion about the validity of the articles, as being made between husband and wife, no decree was pronounced.

On the 20th of October 1720, Dame Ann died, and the appellant Ellis, on the same day, got a probate of her will.

The suit being abated by the death of Lady More, the respondent in Easter term 1722, exhibited his bill of revivor against Ellis and others, to revive his former suit, and for a performance of the articles.

On the 28th of January 1725 the cause was heard, when it was ordered, that a trial at law should be had between the respondent and the appellant Ellis, on a feigned issue, viz. Whether the articles between the respondent and Dame Ann, dated the 11th of August 1716, and the indorsement thereon, dated the 24th of November 1716, or either and which of them, were freely and voluntarily executed by the said Dame Ann."

On trial of which issue before the Lord Chief Baron Gilbert, at Guildhall, on the 22d of June 1726, by a special jury of London, which lasted nine hours; verdict was found for the respondent, that the said articles and indorsement thereon were both freely and voluntarily executed by Dame Ann.

On the 2d of July following, the cause was heard upon the equity reserved, when the Court unanimously declared, that the [239] articles were well executed by Dane Ann, pursuant to the power vested in her by the will of her father Mr. Edmonds; and therefore decreed, that the same should be performed and carried into execution, as far as they remained unperformed by Dame Ann and her trustees; and that £730, remainder of the £1000 by the articles agreed to be paid in three months, should be paid to the respondent, or whom he should appoint, with interest from the time that the said £1000 should have been paid; and that the arrears