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John late Duke of Montagu, for his own use and benefit, by virtue of the will of Ralph his father, and all other directions, be reserved till after the said Master shall have made his report; and that the Court of Chancery do give all necessary proper directions for carrying this judgment into execution.

(Jour. vol. 31. p. 519.)

Sir John Osborne, Bart, being seised, amongst other lands and hereditaments, of the towns and lands of Sleady and Ballykerrins, in the county of Waterford in Ireland, in consideration of £60 paid him by William Cronyn, by lease, dated the 2d of December 1719, demised the same to Cronyn, from the 1st of May then last, for 999 years, subject to the payment of the yearly rent of £100 sterling, and to a quit-rent of £16 8s. 11d. per ann.

William Cronyn being in possession of the premises under this lease, made his will, dated the 25th of July 1726, and thereby devised, inter alia, to his daughter Jane Cronyn, in the following words:

Item, I do leave and bequeath to my daughter Jane Cronyn, all my worldly substance, lands, stock, corn, debts, and household goods, provided she marries by the consent of my executors hereafter-mentioned, subject notwithstanding to my debts and legacies: but in case my said daughter should marry without the consent of my executors, she is to have for ever only 20 cows and a horse, as for her whole fortune. I do hereby appoint my very good friend Arthur Usher of Cappow, in the county of Waterford, Esq. and William Wigmore, of Cappoquin, in the said county, clerk, sole executors of this my last will and testament, revoking and renouncing all former wills; furthermore, I do appoint, that in case my said daughter should die without issue, that all my substance as before mentioned shall return back to my executors, to be distributed and disposed of as I shall hereafter direct, and that my daugh-[300]-ter's husband shall at least be worth £1500 sterling.

The testator then goes on, giving various pecuniary and specific bequests to his wife, his relations (the Fowlers) and several of his friends, and to his executors, and then closes his will with the following clause:

And lastly, in case my forementioned daughter, Jane Cronyn, shall marry without consent of my executors aforesaid, or shall die without issue, I do ordain and appoint, that all the goods, chattels, lands, and other my worldly substance before to her bequeathed, shall return to my executors, to be by them distributed in manner following; to wit, to my nephew James Donagon £100, to Hester Gambon £50 sterling, and to each of my executors aforesaid £50, to my said daughter 20 cows and a horse only, as before in this case bequeathed, and the remainder to be equally divided among the children of my sister Elinor Fowler.

William Cronyn died on the 6th of May 1727, and his executors proved the will and acted in the trusts thereof, and possessed themselves of his estate and effects, and received the rents and profits of the said leased lands in Sleady and Ballykerrins, Jane being at her father's death an infant.

By marriage articles dated the 10th of February 1731, between William Taylor, Henry Boll, the said Arthur Usher and William Wigmore, and Jane Cronyn, of the first part; Francis Duggan, Daniel Taylor, George Cane, and Samuel Hill, of the second part Stephen Sowton, of the third part; and Laura Cronyn, of the fourth part; in consideration of a marriage intended to be had between the said Stephen Sowton and Jane Cronyn, with the consent of the executors; it was agreed, inter alia, that the said term of 999 years, in the lands of Sleady and Ballykerrins, should be assigned to Duggan, Taylor, Kane, and Hill, in trust to pay the debts of the testator William