Page:The English Reports v1 1900.pdf/1256

payment of my debts, and also for the payment of my legacies hereafter mentioned.—And after my debts and legacies are paid, then to the use of my eldest son John Leslie, and his heirs for ever: and failing issue of my said son John, then to the use of ray second son James Leslie, and his heirs for over: and failing issue of that son, then to the use of my third son George Leslie, and his heirs for ever: and failing issue of that son, then to the use of every other son that I shall or may have, and their heirs for ever; every such son to be preferred according to his priority of birth and age: and failing my issue male, then to the use of my issue female, and their heirs for ever; and for want of issue female, then to the use of my heirs for ever.

And after giving his wife an annuity of £50 during her life, the testator appointed the said John Sandes, George Leslie and his said wife, during her widowhood, executors of his will.

In the year 1723, the testator died, and upon his death, the said estates in the counties of Cork and Kerry vested in the said John Leslie, his oldest son and heir, as tenant in tail general under the devise in the will; and he entered upon and possessed the same accordingly. And afterwards, in 1725, a treaty of marriage was set on foot between him and Anne Crosbie, the daughter and only child of William Crosbie, Esq. who agreed to give a portion of £3000 with his said daughter.

By articles made previous to this marriage, dated the 29th of October 1725, in consideration of the marriage and portion of £3000 the said John Leslie agreed to convey all his said lands, tenements, and hereditaments in the counties of Kerry and Cork, (which lands in the county of Kerry were therein described and mentioned, by the several denominations of the manor, town, and lands of Tarbert, Tyraclea, Kilmurrilly, Shanovah, Doonard, Carhunagh, Glanfillagh, Kilcolgan, Rallopane, Coolanonine, Tarmon, and Kilfadoge), and all other the lands, tenements, and hereditaments of the said John Leslie, in the said counties, or elsewhere, in the kingdom of Ireland, with all their rights, members, and appurtenances, to the use of himself for life; and after his decease, to the intent that the said Anne Crosbie, bis intended wife, should receive for her jointure the yearly sum of £350 out of all and every the said lands; remainder, subject to the said join-[157]-ture, to the use of the first and every other son of the said marriage, in tail male; remainder, in default of such issue, to the use of all and every the daughter and daughters of the said John, on the body of the said Anne to be begotten, as tenants in common, and not as joint-tenants, and the heirs of her and their bodies lawfully issuing, with other remainders over. And it was agreed between the parties, that a sufficient part of the £3000, the marriage portion, should be applied in discharge of the principal and interest remaining due on the mortgage originally made to Sir Stephen Rice; and for the better securing and supporting the several uses, limitations, and trusts, in a settlement to be thereafter made pursuant to the said articles, that the legal estate of all the said lands in the county of Kerry, comprised in the said mortgage, should be conveyed to the said William Crosbie, and his heirs.

The marriage soon after took effect, and thereupon the said John Leslie and William Crosbie, as of Easter Term, in the 12th year of King George I. duly levied a fine, sur conusance de droit come ceo, etc. in the Court of Common Pleas in Ireland, of all the said lands in the county of Kerry, by the same denominations as in the marriage articles, unto Pierce Crosbie, Esq. and bis heirs, for the better assuring the said lands to the uses of the articles, and of a settlement to be made in pursuance thereof.

The mortgage to Sir Stephen Rice, and the legal estate in the said lands in the county of Kerry, having, by several mesne assignments, become vested in Deborah Fitzmaurice, widow; by indentures of lease and release, dated the 14th and 15th of November 1726, and made between the said Deborah Fitzmaurice of the first part, the said John Leslie of the second part, and the said William Crosbie of the third part, reciting (amongst other things) the said John Leslie's intermarriage with the said Anne Crosbie, and that in consideration thereof, and of the said £3000 portion, he had, by the articles of the 29th of October 1720, covenanted to settle the said mortgaged lands to the uses in the said articles; and that the sum of £1200 part of the said portion, should be applied in discharge of the said mortgage, and that the same should be kept on fool to support the uses in the said articles; the said Deborah Fitzmaurice, with the consent of the said John Leslie, in consideration of £1200, (being the principal and interest then remaining due on the said mortgage,) granted and assigned unto the said William Crosbie, and his heirs, all the said lands in the county of Kerry, by the general