Lord Maugham:-

This is an appeal from the judgment of the Supreme Court of Newfoundland (Sir William H. Horwood C.J. Kent J. and Higgins J.) given on 8th January 1937, dismissing by a majority (Kent J. dissenting) an appeal from the judgment of Sir William H. Horwood C. J. given on 21st July 1936. By the judgment it was ordered that an agreement under seal dated 8th September 1927, to which the appellants and the respondent were parties be set aside, and declared to be null and void. The agreement under seal dated 8th September 1927, (which will be referred to as "the deed") related to the estate of Sir Michael P. Cashin who died on 30th August 1926. He left surviving him his wife, the appellant Gertrude C. Cashin (Lady Cashin) and four adult children, the appellants Lawrence V. Cashin, and Martin Cashin, the respondent Peter J. Cashin, and a married daughter Mrs. Mary Fox. Sir Michael Cashin had made his last will on 15th November 1925. By it the appellants Lady Cashin and Lawrence Cashin were appointed to be the executors. He bequeathed to each of his sons $40,000, and after some small charitable and other legacies he bequeathed the residue of his estate to Lady Cashin for life an