Page:The English Reports v1 1900.pdf/1259

wife, by their answer, likewise insisted on the benefit of the settlement; and that it ought to be considered as a bar to the remainders over.

On the 21st of June 1741, the cause was heard, when the court (without so much as declaring what estate the said John Leslie took under the said will, whether in tail general, or in tail male only) referred it to the Chief Remembrancer, to audit and state an account between the plaintiff and defendants, of what was due on the foot of the mortgages made by the said James Leslie of the estate in the county of Cork; in which account the appellant Lucy was to be charged with, and account to the respondent Dr. Leslie, for the profits of the said estate since the death of her father, and therein was to have credit for the interest paid on the said mortgages, and all the parties were to have all just allowances; and if by the report it should appear, that any thing remained due on the foot of the said mortgages, on payment of what should thereby appear due, the respondent was decreed to a redemption of the mortgages. And it was further ordered, that an account should be taken of the value of the whole estate in the county of Kerry, and who received the profits of the lands not comprised in the recovery suffered by the said John Leslie, since his death and that on the respondent's paying to the guardian of the appellant Lucy, or to such other person or persons, who was or were entitled to receive the same, such a proportion of the mortgage money originally due to Sir Stephen Rice, as the lands not comprised in the recovery ought to bear, regard being had to the value of the other lands originally liable to the said mortgage, and of which the said John Leslie suffered a recovery, if the said mortgage still subsisted, or that any thing was due for principal or interest on the foot thereof; the respondent was decreed to the lands not comprised in the said recovery, viz. the town and lands of Carhanecunnelagh, otherwise Carhunegallen, Lyssynorth, Cahirgill, Lyssysouth, Carhunakilly, Mealcaneaghtra, otherwise Mealcueightra, Ballynasagart, Gortingall, Carhugariffe, Mealcanoughtra, and Glonculleare, with their rights, members, and appurtenances, situate in the barony of Jraghty Connor, and county of Kerry; and likewise to the rents, issues, and profits of the said last mentioned lands, not comprised in the said recovery, from the time of the death of the said John Leslie, the appellant Lucy's father. And in order to ascertain the amount thereof, it was referred to the remembrancer to audit and state an account of the same; and he was also to examine and report, who had been in the possession of the said estate since the death of the said John Leslie; and if any matter should appear difficult, he was to report the same specially on return of whose report, such further order should be made as should be just.

On the 22d of June 1742, the remembrancer made his report, whereby he certified, that there was due for principal and interest, [162] on the mortgages of the lands in the county of Cork, £318 and £742. That the appellant Lucy had received the issues and profits of the said estate in the county of Cork, at the rate of £161 a year, for six years and a half, from the 25th of March 1736, inclusive, to the 25th of March 1742, inclusive, amounting together to £1046 18s. 10d. out of which the respondent admitted there was paid, on account of the interest of the above mortgages, £300 together with £1 10s. 5d. a year for quit-rent, payable out of the said lands, for six years and a half, amounting in the whole to £309 17s. 8d. so that there was due from the appellant Lucy to the respondent, on account of the issues and profits of the said estate in the county of Cork, £736 12s. 3d. That the value of the whole estate in the county of Kerry, was from the death of the said John Leslie the appellant Lucy's father, annually worth £739 11s. 6d. which being six years and a half, amounted to £4807 4s. 9d. And that the appellant Lucey, by her guardian, received the issues and profits of the towns and lands following; viz. Mealcanaughtra, Glanculleare, Carhunakilly, Lyssysouth, and Cahirgill, at £56 a year; Carhunecunnelagh at £20 a year; Mealconeightra at £35 a year; Ballynasagart, Gortingall, and Carhugariffe, at £150 a year; and a part of Cahirgill at £4 a year; amounting in the whole to the annual sum of £265, being the lands not comprised in the recovery, since the death of the said John Leslie, which being six years and a half, amounted together to £1722 10s.—That the whole Kerry estate was chargeable with a yearly quit-rent of £60, which had been discharged by the appellant Lacy, from the death of her father; of which the lands not comprised in the recovery, ought to bear a share or proportion of £21 9s. a year, which, from the death of the said John Leslie, being six years and a half, amounted to £139 14s. 8d. and which being deducted from the said £1722 10s. left £1582 15s. 4d.—That the original