Page:The English Reports v1 1900.pdf/1240
begotten.
And, in a subsequent part of his will, the testator did will and devise, that if his said son James Lane should die without issue male, his the said testator's wife surviving him, his said wife should hold and enjoy his house and park in Rathling, and all the houses, lands, tenements, and hereditaments in the county of Longford, wherein he had any estate of inheritance in possession, reversion, or remainder, for and during her natural life; and after her decease to the several uses to which the same were limited as aforesaid; and made his said wife executrix of his will.
That on the 1st of December 1688, the said George, Lord Viscount Lanesborough, died, so as aforesaid, seised of the same reversion of the manors, towns, and lands, in the declaration mentioned; and bad issue at the time of his death the said James, his only son and heir; and two daughters, namely, Mary and Charlotte by his first wife, and the said Frances by his second wife, and no other issue male.—That Thomas, Earl of Ossory, died on the 2d of June 1681; and that Frances, Viscountess Lanesborough, the widow of George, Lord Lanesborough, died the 1st of May 1700, in the life-time of the said James, Viscount Lanesborough.
That James, Viscount Lanesborough, after the death of his father, entered upon the premises, and was thereof. possessed; and the said surviving trustees became seised of the said manors, towns, and lands in the declaration mentioned, by virtue of the said deeds of lease and release of the 3d and 4th of May 1676, in such manner as the law allows.
That the said James, Viscount Lanesborough, and the said Earl of Aran, Lord Bishop of London, and Sir Hugh Cholmondeley, the then surviving trustees, by indentures of lease and release dated the 16th and 17th of October 1684, for the barring all estates tail, reversions, and remainders, and to the end to settle and assure the premises as therein-after mentioned, did convey to Edward Brabazon, Esq. and William Smythe, Gent, and their heirs [132] (amongst others) the manors, castles, and lands in question, to the intent and purpose, that one or more common recovery or recoveries, might be thereof had and suffered; which said recovery or recoveries should be and enure to the use of the said James, Viscount Lanesborough, for his life, without impeachment of waste; and, after his decease, then to the use of the Lady Mary, Viscountess Lanesborough, wife of the said James, Viscount Lanesborough, for her life, as and for an encrease or augmentation of her jointure, and in bar of her dower and thirds, at common law; and after her decease, then to the use of the said James, Viscount Lanesborough, and his heirs.
That in Hilary teen 1686, the said recovery was accordingly suffered; in which Fergus Farrell, Esq. and Edward Nangle, Gent. were demandants, and the said Brabazon and Smythe were tenants, who vouched the said James, Viscount Lanesborough, who vouched the common vouchee.
That the said James, Viscount Lanesborough, being so possessed of the manors, towns, and lands in question, did make his last will and testament, dated the 10th October 1722, and did thereby devise to George Hooper, Lord Bishop of Bath and Wells; and Hatton Compton, Lieutenant General; and Robert Dormer, Esq, a Judge of the Common Pleas; and James Middleton, Esq, and their heirs; all his manors, lands, tenements, and hereditaments whatsoever, in the kingdom of Ireland, in which he, or any person in trust for him, had any estate of inheritance, or other interest in possession, reversion, remainder, or expectancy, in trust nevertheless and to and for the several uses therein after expressed; that is to say, that from and after his decease, his said trustees should stand and be seised of all the said premises in the said county of Longford, in trust for the heirs of his body: and for want of such issue, he did will and devise that the said trustees should permit and suffer his sister Charlotte, Lady Beaufoy, for and during her life, to have and receive for her own use and behoof the rents, issues, and profits of the farm and land of Cooleroy, barony of Rathline, in the said county of Longford; and after her decease, his said trustees should permit and suffer his said wife to have and receive, to her own use, the rents, issues, and profits of the said premises last mentioned. And his will was, that his said trustees should suffer his said wife, from and immediately after his decease, to have and to receive to her own use, all the rents, issues, and profits of all the rest and residue of his said manors, lands, and real estate, in the kingdom of Ireland, for her life; and after her decease, he directed that his trustees should convey the said premises to the several uses in the said will mentioned; viz. to the use of John Bell Lane, the eldest and only grandson of his sister
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