Page:The English Reports v1 1900.pdf/1323

proper calling or profession, and the powers of leasing and revocation reserved to Sarah and farther reciting, that it appeared to the said Sarah, that the limitations in that deed to the use of the said James Farrel for his life only, with the several remainders over, were and might be a prejudice and great disservice to him and his family; that the portions charged for the younger children, were an insupportable burthen on the estate, and considerably more than it would bear; and that the several powers abovementioned, and reserved to Sarah and the trustees, were unreasonable, and might be extremely prejudicial to the said James Farrel and his family's interest; it was therefore witnessed, that the said Sarah, in pursuance and execution of the said power of revocation, and of all and every other powers reserved to her, did by this indenture, intended to be attested by three [261] credible witnesses, revoke, annul, and make void the limitations of the estate to James Farrel for life, and also all the remainders, whether in being or contingent, limited over thereupon, together with all the several and respective charges, maintenances, portions, and incumbrances limited and appointed to be paid thereout, to the several younger sons and daughters of the said Sarah, to all intents, constructions, and purposes whatsoever; and the said Sarah did thereby farther revoke, annul, make void, and release, all powers and authorities therein before mentioned, and all further and other powers and authorities to her in any wise saved or reserved by the said recited indenture, or otherwise and it was further witnessed, that the said Sarah did thereby limit, appoint, and declare, that the fine or fines so levied by her and the said Arthur French her husband, of the several castles, towns, lands, tenements, hereditaments, and premises in the said fine mentioned, and the said recited indenture, and the premises thereby granted and conveyed, should be and enure, as to the lands by the said recited indenture limited to Sarah for life, to the use of her the said Sarah for life, without impeachment of waste; remainder to the said James Farrel, his heirs and assigns for ever: and as to all the other premises by the former indenture limited to the use of James Farrel during his life in possession, the same should be and were thereby declared to enure to the use of the said James Farrel, his heirs and assigns for ever: and farther, for the providing of portions and maintenances for the said Celia, Ross, Austace, Fergus, and Ulick Farrel, the said Sarah did limit, declare, and appoint, that the said John Kelly and James Farrel, and the survivor of them, and his heirs, should have full power and authority, by deed executed in his or their lifetime, attested by three or more credible witnesses, or by his or their last will and testament, to charge all or any part of the premises, (the lands limited to the said Sarah for life, for such time only, excepted,) with any sum or sums of money for the portion, maintenance, and preferment of the said several sons and daughters, as to him or them should seem proper and reasonable, so as the same did not exceed in the whole £1800 sterling; and to distribute such sum among the said several daughters and younger sons, in such manner and proportions as to him or them should seem most convenient and proper.

Mary the eldest daughter, and John Kelly her husband, left issue the respondent John Kelly their eldest son, and Dennis their youngest, which Dennis died a Papist, leaving the respondent John Kelly the younger, who afterwards took the name of Farrel, his eldest son, also a Papist. John, the eldest son of Mary, had issue two sons, Dennis and John, but John his second died unmarried, and without issue.

Margaret the second daughter, and Patrick Netterville her husband, left the appellant Edmond Netterville a Protestant, and educated as such, her eldest son and heir.

[262] Margery the third daughter, and Christopher French her husband, left the appellant Arthur French, also a Protestant, and educated as such, her eldest son and heir. Celia the fourth daughter, was mother of the respondents Richard and Robert Caddell, who were both Papists.

Rosa the fifth daughter, died unmarried, and Austace the sixth daughter, married Richard Kirvan, but afterwards died without issue.

Arthur French, the second husband of Sarah, died in 1712, and she and her second son Fergus died in 1730, both Papists, and Fergus was never married.

Previous to James Farrel's marriage with Jane Blake, he by indenture, dated the 18th of July 1735, in consideration of the marriage, and of Jane's portion amounting to £3100, granted and conveyed certain lands and hereditaments, part of the beforementioned premises, to trustees and their heirs, to the use of himself for life, with remainder, subject to a jointure of £400 per ann. for the said Jane, to trustees for a