CONTEE v. DAWSON— 2 BLAND. 259

will, or touching or concerning any other act, transaction, matter,
or tiling in any wise relating to my estates or affairs, or the con-
duct, management, application or accounts thereof. Then and
in any of the cases above mentioned; and from and immediately
after any of them shall happen the person or persons so refusing
* or neglecting to submit to, or abide by and comply with
such award, settlement or determination, to be made by the 275
said Hugh Inglis and Edmund Antrobus, or the survivor of them,
or the executors and administrators of such survivor as aforesaid;
and the person or persons so disputing or contesting the validity,
or attempting or endeavoring to avoid, defeat or set aside, or
litigate this my will, or part or parts thereof, or so bringing,
commencing, or instituting any action, suit, or other proceedings
against the said Hugh Inglis and Edmund Antrobus, or either of
them, their, or either of their executors or administrators as afore-
said, shall cease to have, take, derive, or be entitled to; and shall
be from thenceforth absolutely barred, prevented, and excluded
from having, taking, deriving, or being entitled to any legacy, sum
of money, or other benefit, interest or advantage whatever under
or by virtue of this my will, or any of the devises, bequests or
trusts herein contained. And when any of the cases above men-
tioned shall happen, and from time to time so often as any of them
shall happen, I give and bequeath the legacy or legacies, sum or
sums of money, and all other the benefits, interests and advan-
tages which the person or persons acting contrary to the directions
or declarations last hereinbefore contained would otherwise have
been entitled under this my will, or the devises, bequests,or trusts
aforesaid, into the said Hugh Inglis and Edmund Antrobus' exe-
cutors, administrators and assigns for their own absolute use and
benefit."

The position taken upon this provision of this will is one which
has been repeatedly considered as well with regard to contracts as
to last wills. It is not unfrequent in contracts, particularly in
articles of co-partnership, to insert a covenant, that in case of any
dispute arising between the parties, they shall forbear to sue, and
refer the matter to arbitration. There can be no doubt, that if in
pursuance of such stipulation, any matter of controversy is sub-
mitted to arbitrators, and an award is made, it will be binding
and a complete bar to any suit which either party may bring for
the same cause of action. Kill v. Hollister, 1 Wils. 129; Thompson
v. Charnock, 8 T. R. 139. But the award must be in all respects
fair and unimpeachable; and for the purpose of ascertaining whether
it is so or not, it may be reviewed and examined as in all other
similar cases in a Court of equity. Mitchell v. Harris, 2 Ves. Jim.
135; Nichols v. Chalie, 14 Ves. 265. It is however an established
rule, as well at law as in equity, that no mere agreement to refer