Page:The English Reports v1 1900.pdf/1239

the real estate to the appellant, and all deeds, evidences, writings, and leases relating thereto; and that the said Court of Exchequer should cause this order and judgment to be put in effectual execution. (Jour. vol. 23. p. 603.)

In Hilary term 1726, Mr. Fox brought an ejectment in the Court of Exchequer in Ireland, against the Lady Dowager Lanesborough, for several castles and lands in the county of Longford; to which Lady Lanesborough pleaded not guilty. And in Michaelmas term 1727, the cause came on to be tried by a special jury at the bar of the said court; who found a special verdict; viz.

That Sir George Lane, Knt. and Bart. afterwards Lord Viscount Lanesborough, was seised in fee of the said castles and lands; and being so seised, did, in consideration of a marriage between his son James and the said Lady Lanesborough (then Mary Compton) and of £2000 marriage portion, by indentures of lease and release, dated the 3d and 4th of May 1676, convey the said castles and lands to Thomas, Earl of Ossory, Richard, Earl of Arran, Henry, Lord Bishop of London, and Sir Hugh Cholmondeley, Bart. and their heirs, upon the trusts and to the uses following; viz. that the said James Lane should have thereout, during the joint lives of him and Sir George Lane, one annuity of £300, and in case the said intended marriage should take effect, then after the death of the said James Lane, that the said Mary Compton should have and receive one annuity or yearly rent of £320 for her jointure, and subject thereto to the use of the said Sir George Lane for his life, without impeachment of waste: and then to the use of the said James Lane for 99 years, to commence from the decease of his father Sir George Lane, if the said James Lane should so long live, without impeachment of waste; and then to the use of the said Earl of Ossory, Earl of Arran, Bishop of London, and Sir Hugh Cholmondeley, and their heirs, during the life of the said James Lane, upon trust to support the contingent remainders; and then to the first son of the body of the said James Lane on the body of the said Mary Compton to be begotten, and the heirs male of the body of such first son, with like remainders to all other the sons of the said marriage successively in tail male; and for default of such issue, then to the use of the heirs male of the body of the said James Lane; and then to the right heirs of the said Sir George Lane.

That on the 5th of May 1676, the marriage was had, and the said £2000 paid to Sir George Lane.

[131] That Sir George Lane, then Viscount Lanesborough, being seised in fee of the reversion of the said premises, did, on the 10th of July 1683, make his will; and did thereby, among other things, devise in the words following:

Item, I will and devise the manor and town of Lanesborough, and all other the lands, tenements, and hereditaments, mentioned or contained in the settlement made by me on the marriage of my said son James Lane with the daughter of Sir Charles Compton, second brother to the late Earl of Northampton, on failure of issue of the body of the said James Lane; and for want of the heirs male of my body, to my said daughter Frances Lane, and the heirs of her body lawfully to be begotten; and for want of such issue, to my said daughters the Lady Beaufoy and Mary Bingham severally, and the heirs of their bodies lawfully begotten or to be begotten, severally and respectively; and for want of such issue, that all and every of the premises shall be and remain to his Grace James, Duke of Ormond, and the heirs male of his body lawfully begotten or to be