Page:The English Reports v1 1900.pdf/1255

Kerry, originally comprehended under the two grand or principal denominations of the manor, town, and lands of Tarbert, and the town and lands of Tyraclea, but afterwards known by the following sub-denominations; viz. the town and lands of Carhunecunnelagh, otherwise Carhunegallen, the town and lands of Lyssy, the town and lands of Cahirgill, the town and lands of Mealeaneagna, otherwise Mealcaneightra, the town and lands of Ballyna-Sagart, and the town and lands of Carhugariffe, otherwise the two plough-lands of Tarmons, the town and lands of Gorteengal, the town, and lands of Mealcanaughtra, and the town, and lands of Glancullear; all which were part and parcel of the before mentioned lands, distinguished by the principal denominations of Tarbert and Tyraclea, and were situate within the limits of the said manor, and never were reputed principal or distinct denominations from the said two grand denominations of Tarbert and Tyraclea.

The said Lord Viscount Clare, being so seised, by deed, dated the 16th of April 1686, in consideration of £1560 conveyed all the said lands and premises, by the general description of the [155] manor, town, and lands of Tarbert, and half plough-lands of Tyraclea, in mortgage to Sir Stephen Rice, and his heirs, redeemable on payment of £1560 with interest, and in the mortgage-deed, the said manor of Tarbert was described as containing 3760 acres; and in the covenant against incumbrances, there was a saving of the several leases made of several parts of the said manor by Lord Clare, and particularly the two plough-lands of Tarmons; viz. Ballyna-Sagari, aud Carhugariffe.

In the 3d year of William and Mary, Lord Clare was attainted of high treason, for having been engaged in the rebellion in 1688, and after his attainder a commission issued, and an inquisition was taken thereon, in the 8th year of the same reign; by which the jurors found, that Sir William King, in trust for Lord Clare and for Henry Jevers, was seised in fee of the manor of Tarbert, containing 3760 acres profitable land, and of the half plough-land of Tyraclea; and they likewise found the said mortgage to Sir Stephen Rice.

By virtue of this attainder and inquisition, all the said lands and premises became vested in the crown, under the general description only of the manor of Tarbert, and the town and lands of Tyracles, which were the grand or principal denominations: and several other estates in the county of Cork being likewise vested about the same time in the Crown, by virtue of the attainder of Coppinger, and an inquisition thereon had; King William III. by his letters patent, dated the 24th of November, in the 10th year of his reign, in consideration of the faithful services of Dr. John Leslie, great grandfather of the appellant Lucy, performed by him in the siege of Londonderry, during the rebellion in Ireland, was pleased to make him a grant in fee of all the said lands and premises in the counties of Kerry and Cork; in which grant, the estate in the county of Kerry was not only described by the two principal denominations of the manor of Tarbert, and lands of Tyraclea, but all or most of the sub-denominations of the same lands were likewise particularly mentioned; and by this grant, a quit-rent of £60 payable to his Majesty, his heirs and successors, was reserved yearly on all the said lands in the county of Kerry, as being comprehended under the two general or principal denominations before mentioned.

Dr. Leslie, being so seised in fee of the said lands in the county of Cork, and of the equity of redemption of all the said other lands in the county of Kerry, died intestate in 1700; leaving James Leslie, Esq. the appellant Lucy's grandfather, his eldest son and heir, upon whom all the said lands and premises descended in fee, subject to the mortgage originally made to Sir Stephen Rice; which afterwards became vested in Deborah Fitzmaurice, widow.

James Leslie, in 1703, mortgaged the lands in the county of Cork to James Caldwell, for securing £300 and interest; and afterwards, in January 1714, made a subsequent mortgage of the [156] same estate in fee, to John Lapp, for securing the further sum of £700 and interest.

Mr. Leslie having issue Jahn his eldest son, the appellant Lucy's father, and the respondent James Leslie, and also George Leslie, his two other sous, together with a daughter, and a wife then living who was enseint, on the 5th of November 1711 made his will, and thereby devised his estate in the words following:

{{quote|I leave and bequeath all my real and personal estate to my good friend John Sandes, Gant. my brother, the reverend Mr. George Leslie, and to my beloved wife Sarah Leslie, during her widowhood, in trust, and to and for the uses hereafter mentioned; viz. to and for the