274 CONTEE v. DAWSON.

be examined and removed before we can proceed to consider the
merits of the case.

That clause of the will of Ann Russell which, it has been urged,
requires, that this matter should have been submitted to arbitra-
tion 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 construc-
tion, 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 dis-
pute, doubt or question shall arise, the same shall be referred to
and settled and determined by the said Hugh Inglis, and Edmund
Antrobus, or the survivor of them, or the executors, or administra-
tors of such survivor, whose award, settlement and determination
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 aforesaid, 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 Ed-
mund Antrobus, or the survivor of them, or his executors or ad-
ministrators 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 herein before contained shall, at any time or times,
after my death, dispute or contest the validity of, or in any wise
attempt, or endeavour 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 whatsoever, either
touching or concerning the executorship of this my will, or
touching or concerning any other act, transaction, matter, or
thing 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