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ensient of the appellant; and she having taken administration to Gerard, on the 4th of December 1746, filed her bill to revive the suit.

[172] That cause was brought to a hearing on the 4th of August 1747, when it was referred to the Master, to take an account of what was due to the plaintiff, in right of her husband, for his proportion of the £2000 provided for the children of Christian Bor, by the settlement in the pleadings mentioned; and also to take an account of what was due to the plaintiff, on account of William Bor's proportion of the said £2000.

The respondent Jacob, in November 1747, filed his bill of revivor against the appellant, as heir at law of Gerard Bor, and as devisee in tail of Ballynunry and Kilcoole estates, in the will of Christian, and against Mary, as administratrix of Gerard and others; and thereby prayed, that the cause might stand revived against her, and that the said bill might be taken as an original bill against the appellant, and that the respondent might have the benefit of the proofs and proceedings in the former cause, and that the appellant might release all claim to Pelletstown, and the houses devised to the respondent Jacob by his father Christian, and to have the £2000 distributed according to the proviso in his will; or, that the respondent might be recompensed out of Ballynunry and Kilcoole, which the appellant held under the same will, for such part of Pelletstown, and other the premises, to which the appellant should appear to be entitled.

The appellant, by his guardian, answered this bill on the 10th of June 1748, and insisted, that as Christian was only tenant for life under Margaret Bor's will, he had no right to alter any of the devises therein; and that John having suffered no recovery of Pelletstown, or of the houses, or barred the remainder limited to the appellant's father, he had no power to devise them; he also insisted, that upon John's death without issue, the appellant's father became entitled under Margaret's will, and that the appellant on the death of his father, became entitled thereto, and to the lands of Ballynunry and Kilooole, of which his father was, under Christian's will, but bare tenant for life; and submitted to the court, whether the respondent was entitled to any part of the relief he sought.

The Master made his report in Mary Bor's cause, by which £1323 17s. 5¾d. was reported due to her for Gerard's third of the £2000 and the interest thereof, from Christian Bor's death to the 16th of November 1749; and £441 5s. 5¾d. was reported due to her for the third of William's third of the said £2000 to which Gerard became entitled on his death, amounting together to £1792 16s. 7d.

On the 22d of May 1750, this cause was heard on the Master's report; and it was then decreed, that the said sum of £1792 16s. 7d. reported due to Mary Bor, for her husband's third of the £2000 and his share of William's third thereof, with interest and costs, should remain a charge on the lands settled and made liable to the said £2000 as aforesaid, and should be paid her in six months; or that in default, the lands and houses in the [173] settlement of 1717, or a sufficient part thereof, should be sold for such payment.

The respondent, whose cause was depending all this time, was, by the neglect of his agent, disabled from bringing it to a bearing with the other cause. But after some time the respondent's cause came on to be heard on the 15th, 16th, 20th, 22d and 23d of June, and 23d of December 1752, and the 15th and 18th of May 1753. At the hearing, the respondent's counsel were instructed to waive any account of the profits of Pelletstown against Helena; and the Lord Chancellor having taken time to consider of the relief prayed against the other parties, his Lordship, on the 8th of June 1753, decreed, that the appellant should have six months after he should arrive at the age of 21 years, to make his election, whether he would abide by the will of his grandfather Christian Bor, or not; and in case he should elect to abide by the will, that he should convey to the respondent for his life, with such remainders over as were limited in Christian Bor's will concerning the same, one moiety of such part of Pelletstown, and of the houses in Michael's-lane, School-house lane, and Bor-court, as should remain after discharging what should be due to Sir Thomas Taylor upon his mortgage; and that he should also account for and pay over to the respondent a moiety of the rents, issues, and profits of the said lands which were received, or might have been received by the appellant without wilful default, from his coming into possession thereof, allowance being made for payments on the foot of the mortgage and in case the appellant should not elect to abide by the will, as to the devise of Pelletstown, and the houses in Michael's-