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limited to her out of all the said premises in the county of Tyrone; and subject thereto, as to the said manors and lands of Arlestown, Touchett, and Stoy, together with divers other lands and premises in the said county of Tyrone, to the use of Audley Mervyn and his assigns, during his life, without impeachment of waste; remainder to trustees to preserve contingent remainders, and subject to a rent-charge of £500 a year, therein limited to the said Mary Titchbourne, for her jointure; and from and after the death of the said Audley Mervyn, subject to the said rent-charge of £300 a year, to the said Olivia, to the use of the said Henry Mervyn and his assigns, during his life, without impeachment of waste; remainder to trustees to preserve contingent remainders; remainder to other trustees for 500 years without impeachment of waste, in trust to raise portions and maintenances for the daughters and younger sons of the said Henry by the said Mary; remainder to the use of the first and other sons of the said Henry Mervyn, by the said Mary Titchbourne, successively in tail male; remainder to the use of the said Audley Mervyn, his heirs and assigns for ever. In this deed were contained powers enabling the said Audley Mervyn, by deed or will, to charge the said manors of Arlestown, Touchett, and Stoy, (amongst others) with £2500, and enabling Audley and Henry Mervyn, during their lives, and the persons in remainder, when in possession, to make lenses for three lives, or 31 years; and enabling Henry to make a jointure on any future wife, not exceeding £200 a year. And the said Audley and Henry Mervyn covenanted with the trustees, by a fine and recovery to be levied and suffered before the end of Hilary Term then next, to secure and convey to them and their heirs, all the said manors, lands, and premises in the county of Tyrone, which fine and recovery were thereby declared to be to the uses before thereof limited. And it was declared, that all intails and remainders were thereby agreed and intended to be barred and extinguished.

That the said last mentioned deeds of lease and release were not registered, pursuant to the registered aet which passed in Ireland in 1708.

That the said Audley and Henry Mervyn, in Hilary term 10th Ann, levied a fine with proclamations to Blainey Town-[222]-ley, Hamilton Townley, Chidley Coote, and George Gore, and their heirs, (amongst others,) of the lands and premises in question.

That in Trinity term 11th Ann, a common recovery was suffered of the same premises, in which the said Blainey Townley, and Hamilton Townley, Chidley Coote, and George Gore were tenants, and the said Audley Mervyn and Henry Mervyn vouchers.

That Audley Mervyn, besides the said Henry his eldest son, had issue Audley his second, James his third, and Theophilus his fourth son; and four daughters, viz. Lucy his eldest, who in her father's lifetime married Wentworth Harman; Elinor his second, one of the lessors of the plaintiff, who afterwards married Christopher Irwine; Ann his third, another of the lessors, who married James Mervyn, otherwise Richardson; and Jane his fourth daughter.

That the said Audley Mervyn the older, being seised as the law requires of the said lands and tenements mentioned in the said indenture of the 22d of December 1711, on the 15th of June 1717, duly made and published his last will and testament in writing, a memorial whereof was registered on the 29th of January 1749, and not before, and which will was set forth at length in the verdict in the words following, viz.

In the name of God, amen. I Audley Mervyn, of the Naule in the county of Month, Esq. being at this time sick and weak in body, but of sound and disposing memory, and not knowing how soon it may please God to take me out of this world, and desirous to make the best provision in my power for the support of my children, and the peace and settlement of my family, do make this my last will and testament, hereby revoking and declaring absolutely void all former and other wills by me at any time heretofore made. Imprimis, I give my soul to God who gave it, and appoint my body to be buried as my executrix shall think fit; and as to the worldly estate wherewith it hath pleased God to bless me, I give and bequeath the same in manner following: I give and bequeath to my dearly beloved wife Olivia, to her proper use and benefit, all my plate, and household goods and furniture of what kind soever; as also my coach, six coach horses, and their harnesses, and three saddle horses. I also constitute and appoint my said dear wife, sole executrix of this my last will and testament, and do give and bequeath unto her all the rest and residue of my personal estate of what kind soever; and I do hereby will and require my said executrix, as soon as she conveniently can, after my death, to sell all the rest of my