“This was a bill in equity brought by two of the heirs at law of Comfort Wheaton, deceased, which charged, that on the 9th of May, 1805, Comfort Wheaton was seized of certain real estate in Providence; that he was then infirm and weak, both in body and mind, being very old, viz. seventy-five years of age, and having been severely affected by a stroke of the palsy, which destroyed the soundness of his understanding; that he was conducting himself in such a manner, that his children and friends were seriously apprehensive, that he would waste his estate, and contemplated placing his person and estate, according to the laws of Rhode Island, under guardianship; that with a view to avoid this necessity, it was agreed between Asa Handy, one of the defendants, (a son in law of Comfort Wheaton,) and the other defendant Caleb Wheaton, (the eldest son of the said Comfort,) with a view to the appropriation of the estate for the maintenance of their father during his life, and the preservation of the residue after his decease for the benefit of all the heirs, that Handy should procure a conveyance of all their father’s property to himself for these purposes, and should execute an instrument declaring these purposes for the benefit and security of the heirs; that accordingly Handy procured a conveyance of the real estate to be made to him in fee, by formal conveyances duly executed by Comfort Wheaton on the 9th of May, 1805, for the nominal consideration of $2,178, and also took possession of the personal estate . . .”