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name and description of the manor, town, and lands of Tarbert and Tyraclea, being the two grand or principal denominations of the said estate in the county of Kerry, as described in the original mortgage to Sir Stephen Rice; to hold to the said William Crosbie, and his heirs, till one or more recoveries should be suffered of the said lands comprised in the said articles; in the first place, to secure £350 a year to the said Anne Crosbie, as her jointure; and also for securing the said lands to the said John Leslie for life; and then for securing the several other remainders in the said articles.

[158] The legal estate in the said lands in the county of Kerry being thus vested in the said William Crosbie, it was agreed, for the greater security, that the said John Leslie should levy a fine, and suffer a recovery thereof: and accordingly, by lease and release, dated the 1st and 2d of May 1728, between the said William Crosbie and John Leslie of the one part, and the said Pierce Crosbie of the other part, reciting the said mortgage and assignments, and that the legal estate in the premises was rested in the said William Crosbie; he thereupon, in consideration of £1 10s. conveyed to the said Pierce Crosbie, all the said lands in the county of Kerry, by the last mentioned general description or denomination of the manor, town, and lands of Tarbert and Tyraclea only, to the intent to make the said Pierce Crosbie tenant to the præcipe; and it was thereby agreed between the parties, that one or more recoveries should be suffered of the said premises before the end of the then next Trinity Term, which should enure to the uses in the said articles, and settlement to be made in pursuance thereof.

Recoveries were accordingly suffered of all the said lands in the county of Kerry, by the names of Tarbert, Tyraclea, Kilmurrilly, Shanovagh, Carhunagh, Glansillagh, Kilcolgan, Rallopane, Coolanonine, Tarmons, and Killfadoge (being the same denominations as mentioned in the marriage articles); in which recoveries John Wren was demandant, the said Pierce Crosbie tenant, and the said John Leslie and William Crosbie vouches, who vouched over the common vouchee.

By lease and release, dated the 16th and 17th of September 1728, made between the said John Leslie of the first part, the said Pierce Crosbie of the second part, the said William Crosbie of the third part, Sir Maurice Crosbie, Knight, and John Blenerhasset, Esq. of the fourth part, Thomas Blenerhasset, Gent. of the fifth part, and John Wren of the sixth part; reciting the said mortgage, and the assignment thereof, the said John Leslie, in consideration of the said marriage, and of the marriage portion of £3000, and for settling a jointure on the said Anne his wife, and for settling and assuring all the said lands in the counties of Kerry and Cork, and elsewhere in the kingdom of Ireland, to the uses after mentioned; conveyed all the said lands and premises to the said Pierce Crosbie, and his heirs, by the names and descriptions therein mentioned; and particularly as to the lands in the county of Kerry, by the names and descriptions following, viz. the manor, town, and lands of Tarbert, Tyraclea, Killmurrily, Shanovagh, Doonard, Carhunagh, Glansillagh, Kilcolgan, Rallopane, Coolanonine, Tarmons, and Killfadoge, and all other the lands of him the said John Leslie, in the said counties, or elsewhere, to the uses following, viz. to the use of him the said John Leslie for life; remainder to trustees, to preserve contingent remainders; and after the death of the said John Leslie, to the intent that the said Anne, his wife, should, out of all the said lands and premises, receive the yearly sum of £350 during her life, for her jointure; re-[159]-mainder to the first and every other son of the marriage in tail male successively; and for default of such issue, to the use of all and every the daughters of the body of the said John Leslie, on the body of the said Anne to be begotten, as tenants in common and not as joint-tenants, and the heirs of their bodies lawfully issuing; and for default of such issue, to the use of James Leslie, brother of the said John Leslie, and the heirs male of his body, with remainders over; in which settlement was contained a covenant from the said William Crosbie, to convey the said mortgaged premises to such person as the said John Leslie should appoint, in trust to keep the samo on foot, in the first place, for the better securing the said annuity of £350, and afterwards, to the several uses before mentioned, and to protect the same from all incumbrances; and it was thereby agreed between the parties, that the said fine levied in Easter Torin 1726, of all the said lands in the county of Kerry, should enure to the several uses therein expressed; and that the recoveries suffered of the said lands in the county of Kerry, and all other fines and recoveries thentofore levied and suffered, or to be thereafter levied and suffered of the premises, or any part thereof, should cuure to the several uses, intents, and purposes therein before mentioned.