258 CONTEE v. DAWSON.—2 BLAND.

And further, that the trustee William Dawsou is dead, and that
the defendant Eleanor Dawson is his executrix.

The dei'endant Eleanor Dawson insists, that by an express pro-
vision of the will of the late Ann Russell, the matter in contro-
versy should have been submitted to arbitration; and that no suit
can be sustained by these plaintiff's at all, or at least not until
they have shown an attempt, on their part, to obtain a decision.
in that way. And this defendant further urges, that all the par-
ties who have an interest in this matter, and who ought to be here,
have not been brought before the Court. These preliminary objec-
tions must * be examined and removed before we can pro-
274 ceed to consider the merits of the case.

That clause of the will of Ann Bussell which, it has been
urged, requires, that this matter should have been submitted
to arbitration before this suit was instituted is expressed in these
words:

"And my will is, and I do hereby expressly declare and direct,
that if at any time or times, after my death, any dispute, doubt
or question whatever shall arise touching' this my will, or the con-
struction, or true meaning thereof, or of any part or parts thereof;
then and in such case, and from time to time so often as any such
dispute, doubt or question shall arise, the same shall be referred
to and settled and determined by the said Hugh Inglis and Ed-
mund Antrobus, or the survivor of them, or the executors, or ad-
ministrators of such survivor, whose award, settlement and deter-
mination in the premises or respecting the matter or matters in
dispute, shall be binding and conclusive to and upon all parties
concerned therein, or in any wise interested under this my will.
And I do hereby further direct and declare, that if the person or
persons concerned in any such dispute, doubt, or question as afore-
said, or any of them shall neglect or refuse to submit to or abide
by and comply with the award, settlement, or determination to be
made thereon, or respecting the same by the said Hugh Inglis and
Edmund Antrobus, or the survivor of them, or his executors or
administrators as aforesaid; or if any person or persons entitled,
or who shall or may become entitled to any legacy or legacies, sum
or sums of money, or other benefit, interest or advantage whatso-
ever under, or by virtue of this my will, or any of the devises, be-
quests or trusts hereinbefore contained shall, at any time or times,
after my death, dispute or contest the validity of, or in any wise
attempt, or endeavor to avoid, defeat, set aside or litigate this my
will, or any part or parts thereof; or shall bring, commence, or in-
stitute any action or other proceeding against the said Hugh Inglis
and Edmund Antrobus, or either of them, their, or either of their
executors or administrators, in any Court or Courts of law or
equity, or in any Ecclesiastical or other Court or Courts whatso-
ever, either touching or concerning the executorship of this my