CONTEE v. DAWSON. 275

or neglecting to submit to, or abide by and comply with such
award, settlement or determination, to be made by the said Hugh
Inglis and Edmund Antrobus, or the survivor or them, or the exe-
cutors 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 aforesaid, shall cease
to have, take, derive, or be entitled to; and shall be from thence-
forth 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 mentioned shall
happen, and from time to time so often as any of them shall hap-
pen, I give and bequeath the legacy or legacies, sum or sums of
money, and all other the benefits, interests and advantages which
the person or persons acting contrary to the directions or declara-
tions last herein before contained would otherwise have been en-
titled under this my will, or the devises, bequests, or trusts afore-
said, unto the said Hugh Inglis and Edmund Antrobus' executors,
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 a 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, (h) 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, (i) It is however an established rule, as
well at law as in equity, that no mere agreement to refer any con-

(h) Kill v. Hollister, 1 Wils. 129; Thompson v. Charnock, 8 T. R, 139-
(i) Mitchell v. Harris, 2 Ves. jun. 135 Nichols v. Chalie, 14 Ves. 265.