ROTHERAM V. BROWNE [1747] VIII BROWN. meant and intended to settle this estate upon her, and to put it in her power at all events that he always understood he had done so; and as she had entirely trusted him with her whole fortune without any security, he might be thereby induced to settle and put his estate into her power; which she afterwards owned with proper gratitude, by suffering him to receive the rents as long as he lived. That his knowledge of having divested himself of all power over the estate appeared beyond contradiction. by his frequently declaring it to several people, and upon various occasions; but particularly about six months before his death, when upon a tenant's applying to him for a new lease, he declared it was out of his power; for he had settled it upon his cousin Betty Browne, and all the men in England could not take it from her ; and upon further discourse he declared, that she might give it to her brother if she thought fit and about three months afterwards she again declared, that he had settled all his estate upon her; that all was too little; and that if he had as much more she deserved it, and should have it all. That from these, and several other circumstances proved in the cause, it was evident that Richard Benthall knew he had settled his [305] estate on Mrs. Browne, and had put it out of his own power, and intended so to do; and as there was not the least proof of any undue means in obtaining the deeds, that there was no foundation for a court of equity to relieve the heir at law against them. Accordingly, after hearing counsel on this appeal, it was ORDERED and ADJUDGED that the same should be dismissed, and the decree therein complained of affirmed. (Jour. vol. xxvii. p. 87.) 599
