CONTEE v. DAWSON. 273

minor; and consequently, Elizabeth could not then have attained
the sixteenth year of her age. Hence, when Margaret Russell
Clerklee said, that 'Eleanor, Caroline and Elizabeth were of an
age capable of judging what was for their advantage,' she could
have had no reference to the legal age of sixteen, when the law
gives to a female a capacity to receive her estate; (g) or indeed to
any thing more than her opinion of the then natural capacity of
her children. It is proved, that Margaret Russell Clerklee, and
James Clerklee signed this letter; but there is no proof of the
other signatures.

After the receipt of this letter, the trustee William Dawson, in a
letter, dated on the 9th of July, 1818, and addressed to James
Clerklee, the husband and parent of these legatees, says, 'I have
much pleasure in stating to you, Mr. J. Clerk has consented to
the legacy being transferred to this country; and further, what
probably you have not much idea of, that by the advance in price
in the funds, and some interest, since the death of Major Clerk,
the amount paid to my bankers is £2,406 14s. 2d. sterling.' This
surviving trustee Dawson, thus distinctly states, that he had sold
the public stocks of Great Britain in which this legacy of £1,500
had been invested; and the sum which he had received for it.

It is stated and admitted, that James Clerklee and his wife Mar-
garet Russell Clerklee are both dead; and it is admitted, that at
the time of her death she left six children; Ann Russell Contee,
the wife of Philip A. L. Contee, Eleanor Contee, the wife of Ed-
mund H. Contee, Caroline Ashton Hawkins, the wife of Josias
Hawkins, Elizabeth Clerklee, now of full age, and Margaret
Clerklee, and Sarah Emily Clerklee, who are as yet unmarried
infants. And further, that the trustee William Dawson is dead,
and that the defendant Eleanor Dawson is his executrix.

The defendant Eleanor Damson 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 plaintiffs at all, or at least not until they
have shewn an attempt, on their part, to obtain a decision in that
way. And this defendant further urges, that all the parties who
have an interest in this matter, and who ought to be here, have not
been brought before the court. These preliminary objections must

(g) 1715, ch. 39, s. 15; since altered by 1829, ch. 216, s. 5, and 1831, ch. 305,
s. 5.