Page:The English Reports v1 1900.pdf/1322

And reciting that several other lands, being the said Iriel Farrel's real estate, and particularly certain lands, mortgages, and securities for money therein mentioned, which the said Arthur French and Sarah his wife thereby released to the uses aforesaid, were then or might be in danger of being lost; in which case the several portions limited to the said Margaret, Celia, Rosa, Austace, Fergus, and Ulick, might be a great and insupportable charge on the premises, so that it might be highly reasonable to abridge them in such events: it was therefore provided, that in case the said last mentioned lands, mortgages, and securities, should not be preserved, that then the yearly allowance of £100 or £200 to the said James, and any other of the said Sarah's sons by her first husband, should be paid without defalcation; but if preserved, so that he or they should enjoy the same for his or their maintenance, that then the said yearly allowances should cease and determine, as if not therein mentioned; that the said £800 limited to Margaret, should be reduced to £600, the £600 limited to Celia, to £500, the £500 limited to Rosa, to £400, the £400 limited to Austace, should be continued to her, and that the £300 limited to Fergus and Ulick respectively, should be reduced to £400 each: then comes the following proviso:

Provided always nevertheless, and it is covenanted, concluded, condescended, and agreed unto, by and between all the said parties to these presents, that it shall and may be lawful to and for the said Sarah French, from time to time, and at any time or times hereafter during her life, whether she be sole or married, by any deed or deeds, writing or writings, to be subscribed and sealed by her in the presence of three or more credible witnesses, to revoke, make void, transpose, and alter, all and every, or any the uses, estates, provisions, and limitations herein before mentioned, limited, or appointed, so as by the same deed or deeds, writing or writings, new use or uses instead thereof be declared, limited, or appointed; and that immediately from and after such revocation, making void, transposition, or alteration, declaration, limitation, or appointment of other, or new use or uses as aforesaid, the said Thomas Burke and James Browne, and the survivor of them, and his heirs, shall stand and be seised of all and singular the premises, with the appurtenances, and the aforesaid fine already levied as aforesaid by the said Arthur French and Sarah his wife, to the said Thomas Burke and James Browne, in manner aforesaid, and all and every other fine or fines, or other assurances whatsoever, had, levied, made, or suffered, or to be had, levied, made, done, or suffered by the parties to these presents, or by any or either of them, shall be to such use or uses, and with and under such several limitations, powers, authorities, liberties, provisoes, and agreements, as in and by the said deed [260] or deeds, writing or writings, declaring, limiting, or appointing such new or other use or uses, and in such manner as aforesaid, shall be declared, limited, and appointed, and to and for no other use or purpose whatsoever; the said £1000 sterling, limited to the said Arthur French as aforesaid, always excepted and foreprized.

And at the foot of the deed there was a memorandum, that the said Sarah French should have full power to make any lease or leases of the premises, or any part thereof, as she should think fit; and that all leases thentofore made by her and her husband, the said Arthur French, of any part of the premises, should be good and valid."

Sarah French was a Papist, and educated all her children in the Popish religion.

But James her eldest son, after passing the several Irish acts of parliament to prevent the growth of popery, viz. in the year 1708, conformed to the Protestant religion, and performed every thing requisite on that occasion, and was afterwards called to the bar, and practised as a counsel; and being a man of art and skill, and having a prevailing influence over his mother, he formed a scheme to get the whole of her said estates into his power, and to defeat the limitations and provisions in favour of his younger brothers and sisters in the settlement of 1702: and in order thereto, in 1710, he prevailed on his mother to execute a deed, dated the 1st of July in that year, and made between the said Sarah, then wife of the said Arthur French, of the one part, and John Kelly, Esq. and the said James Farrel, of the other; reciting the several limitations in the. deed of the 27th of April 1702, the charges for the portions and maintenance of Margaret, Celia, Rosa, Austace, Fergus, and Ulick Farrel, and the power thereby reserved to Sarah during her life, and after her decease to the trustees, of limiting and appointing such maintenances for the younger children as they should respectively think fit, as also such other sums of money as they should think proper to give with the said Fergus and Ulick Farrel, for breeding them to some