Page:The English Reports v1 1900.pdf/1299

horses, and all my stock of cattle, and to apply the money arising by such sale, and all such debts as are, or shall at the time of my death be due to me, particularly the sum of £1100 due to me by judgment affecting the estate of Richard late Earl of Bellamont, the sum of £1000 or £1200 [223] due to me by Hugh Mervyn, and also all arrears of rents which are or shall become due unto me, to the payment and discharge of such sums of money as shall be due by me to any person or persons at the time of my death. And to the intent that all my debts may be honestly and truly paid and discharged, I do hereby give and devise to my said dear wife Olivia and her heirs, all that and those the towns, lands, and tenements of Baranagh, Attahmore, Mulliviny, Donemeny, Cavan, Camderry, Straduffe, Golan, Cavanaca, Kilmenan, Fallaheren, Adenafogree, Tatemony, Crany, Drumglane, Lissglanan, Screen, Munalboy, Woughterard, Mulliagh, Mullaghbane, Cloonmullin, Curnemuskelan, Lissneden, Tulticlinagh, Rarreinbegg, Edenderry, Garwaby, Upper Aghagallan, Lower Ahagallan, called Galwelly, Arvaley, Tatakeil, Cravanah, Campson, Lissnamallaho, Lissnally, Shergroome, Killmore, Barly Park, the park and tenements now in the possession of Mr. Maxwell, the park now in the possession of widow Machan, the tenement and park now in the possession of John Hill, Hiland Hill Gretrash, the Warren park now in the possession of William Wilson, all which said lands and tenements are situate, lying and being in the county of Tyrone; as also the town and lands of Naule, Burringtown, Flemingtown, Mooresides, Kendestrown, Dardestown, Cloghan, and Clogherstown, all which last mentioned lands are situate, lying, and being in the barony of Duleeck, and county of Meath; and also all other the lands, tenements, and hereditaments in the said counties of Tyrone and Meath, or either of them, whereof I am seised in fee-simple, or of which any other person is seised in trust for me, together with their and every of their appurtenances, to the use, intent, and purpose, that my said dear wife shall take and receive out of the said lands, as an addition to her jointure, one annuity or yearly rent-charge of £100 per ann. during her natural life, to her proper use and benefit; and to this further use and purpose, that my said wife may, by sale of such of the said lands hereby to her devised, raise so much money as may be sufficient to pay off and discharge such of the said debts as shall not be paid off and discharged out of my personal estate; and as to such part of the said lands and tenements as shall remain unsold, to the uses following, subject nevertheless to the payment of the said sum of £100 per ann. to my said dear wife during her natural life; viz. To the use of my son Audley, for and during his natural life, and from and after his death, to the use of his first and every other son and sons severally and successively, and to the heirs male of their several and respective bodies; and for want of such issue, to the use of my son James, for and during his natural life, and from and after his death to the use of his first and every other son and sons severally and successively, and to the heirs male of their several and respective bodies; and for want of such issue, to the use of my son Theophilus, for and during his natural life, and from and [224] after his death, to the use of his first and every other son and sons severally and successively, and the heirs male of their several and respective bodies; and for want of such issue, to the use of my son Henry, during his natural life, and from and after his death, to the use of his first and every other son and sons severally and successively, and the heirs male of their several and respective bodies; and for want of such issue, to the use of each and every of my daughters, and the heirs of their several bodies as tenants in common, and not as joint-tenants; and for want of such issue, to Mervyn Archdall, and Henry Carey, my nephews, and their heirs. And it is my further will and intention, and I do hereby devise, that if it shall so happen that my sons Henry and Audley shall both of them die without issue male in the lifetime of my son James, whereby the estate settled upon may son Henry upon his marriage, shall descend, come, or remain unto my said son James; that then, and in such case, my said son James shall not take any interest or estate in the lands and tenements herein before devised unto him, but that the same shall remain and go over to my son Theophilus, according to such interest and estate as is herein before to him devised, for want of issue male of my said son James. And I will and devise, that my executrix shall have full power and authority, by her last will and testament in writing, to charge or incumber all or any of my lands and tenements herein mentioned, with such portions and provisions for all or any of my daughters, as she shall think reasonable; and it is my further