Page:The English Reports v1 1900.pdf/1321

Kelly; Margaret, mother of the appellant Edmond Netterville; Margery, mother of the appellant Arthur French; Celia, mother of the respondents Richard and Robert Caddell Rosa, who died unmarried; and Austace, who married Richard Kirwan, but died without issue.

Sarah Farrel, after the death of Iriel Farrel, and in the lifetime of all her children, in May 1691, married Arthur French, Esq. who had a fortune sufficient to provide for any children he might have by her; and she being seised in fee of several lands in the counties of Roscommon, Galway, and Sligo, of considerable yearly value, and desirous to make a provision for all her children by her first husband, prevailed on Mr. French to join with her in levying fines of all her said estates, to Thomas Burke and James Browne and their heirs; and by indenture, dated the 27th of April 1702, between the said Arthur French and Sarah his wife, of the one part, and the said Thomas Burke and James Browne of the other part; after reciting the fines so levied, the uses thereof were declared to enure, as to the lands in the county of Roscommon, to the use of Sarah French for life, without impeachment of waste; and as to all the other lands, and those in the county of Roscommon, after her death, to the use of James Farrel her eldest son for life, without impeachment of waste; remainder to trustees to support contingent remainders, remainder to the first and every other son of the said James Farrel, in tail male; remainder to Fergus Farrel her second son for life, without impeachment of waste; remainder to trustees to support contingent remainders, remainder to the first and every other son of the said Fergus Farrel, in tail male; remainder to Ulick Farrel her third son [258] for life, remainder to trustees to support contingent remainders; remainder to the first and every other son of the said Ulick Farrel, in tail male; remainder to Mary, Margery, and Margaret, three of her daughters by the said Iriel Farrel, and the several and respective heirs male of their several and respective bodies; and for want of such issue, to the use of the right heirs of the said Sarah.

And it was provided, that all the premises comprised in this deed (except such as were limited to Sarah for life) should be to the use, intent, and purpose, that the said Arthur French, his executors or assigns, should be paid the sum of £1000 sterling out of the issues and profits thereof, being the marriage portion of Margery Farrel with Christopher French her husband, eldest son and heir of the said Arthur, by a former wife; leaving £100 a year for the maintenance of James Farrel the eldest son.

And it was further provided, that the said James Farrell, and also Margaret, Celia, Rosa, and Austace Farrel, the said Sarah's four daughters, then unmarried and unprovided for, and the said Fergus and Ulick Farrel, her younger sons, should be paid out of the lands therein mentioned (except those limited to the said Sarah for her life, and under the restrictions therein mentioned, in case of the said daughters marriage without Sarah's consent if living, or of the said Thomas Burke and James Browne in case of her death) the several and respective sums, maintenances and portions therein mentioned, viz. that James should receive, in half yearly payments, £100 while he remained unmarried, and after his marriage, £200, he paying £1000 of his wife's marriage portion, towards payment of the portions of his younger brothers and sisters; that Margaret should receive £20 if she married without, and £800 if she married with consent; that Celia should have £20 if she married without, and £600 if she married with consent; that Rosa should have £20 if she married without, and #500 if she married with consent; that Austace should have £20 if she married without, and £400 if she married with consent; and that the said Fergus and Ulick, not being tenants of the freehold, and conducting themselves according to Sarah's advice during her life, and of the trustees after her death, should have £500 a-piece; and in case either of them should come to the possession of the said lands, then his portion was to merge in the inheritance; and until the other portions were paid, he was to be allowed £100 per ann. and that after Sarah's death, reasonable yearly maintenances should be respectively allowed to her said four daughters until they married, and to her said younger sons, as the trustees and their heirs should think fit; and that Sarah might, during her life, ascertain and allow the said younger sons and daughters unmarried, such maintenance as she should think fit; and powers were thereby given to the said James, Fergus, and Ulick respectively, when in possession, to settle a part of the lands, not exceeding 1000 acres, as a jointure on their wives, and out of the rents and profits of the premises, to [259] limit and appoint portions for younger children, and to make leases in possession, but not in reversion, at the improved rent, for any term not exceeding seven years.