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not possess themselves of any of the testator's goods and chattels, but permitted Jane to take the same as they were bequeathed to her; that they, at Jane's request, received the rents and profits for her use, and accounted with Stephen Sowton, her husband, for the same. Admitted the marriage of Jane with Stephen Sowton; believed that Sowton accordingly became possessed of the said lands, and without the defendant's consent mortgaged them to Fell and France for £600, and executed a bond and warrant of attorney, as a collateral security, who sued out execution thereon, and sold the lands to Snow, in trust for himself, Snow and Keily, as stated in the bill. Believed that Jane died without issue; and he, as surviving executor of Cronyn, refused to account for the testator's assets, as he never possessed any.

Richard Wigmore, by his answer, admitted himself to be the surviving executor of William Wigmore, the co-executor with Arthur Usher, and administrator of all his assets, to the value of £1000 and upwards.

Robert Snow, by his answer, said, he believed the respondent and his brothers and sister were the children of Elinor, the sister of William Cronyn; and that William Cronyn was possessed of Sleady and Ballykerrins under the said lease for 999 years, at £100 yearly rent: that William Cronyn made his will, and appointed such executors, and died at the time in the bill mentioned; and that the executors proved the will. Believed Jane was the only child of the testator, and the respondent, and his brothers and sister, nephews and niece of the testator; that Jane married Stephen Sowton, with the consent of the executors; that Stephen Sowton, on the 11th of November 1736, made a mortgage to Fell and France, and executed a bond and warrant of attorney, whereon judgment was entered, and a fieri facias issued thereon to the sheriff, who seised the said leasehold premises of Sleady and Ballykerrins; and about the 1st of November 1742, sold the same and such other interest as Stephen Sowton had therein, to Snow, for £890 in trust, as to a moiety thereof, for John Keily. Admitted, that before the said purchase, he knew of the will of William Cronyn, and the title of the said Jane thereby and that the said bond and judgment were executed by Sowton, as a collateral security for the said £600, and that the executors of William Cronyn, were parties to the mortgage, but did not execute it: that Jane died in 1743. without issue, but that he did not [303] believe the respondent and his brothers and sister by that means, or for that the mortgage to Fell and France was made without consent, had therefore any right to an account of William Cronyn's assets. He admitted, that he refused to give them possession of the lands, or to account with them for the rents and profits thereof. Said, that Stephen Sowton, from his marriage, until Snow bought the lands, received the rents and profits thereof, and that the rents had ever since been received by Keily, That all the testator's debts and legacies were paid, except such as depended on the devise over, which he insisted was void, and that he paid the said £890, and computed the lands to be of the clear yearly value of £150 or thereabouts.

The several defendants having all put in their answers to the bill, issue was joined, and some witnesses were examined on behalf of Keily and Snow, to prove the sheriff's sale to Sowton; and that the marriage of Jane was with consent. And an order was made on consent, that the lease of the 2d of December 1719, should be read on the hearing, as proved.

The cause came on to be heard before the Lord Chancellor of Ireland, on the 7th, 11th, and 17th of May 1762; when his Lordship was pleased to decree, that the respondent, as administrator of Richard Fowler, who was executor of William Fowler, was entitled, under the will of William Cronyn, to two sixth parts of the lands of Sleady and Ballykerrins, for the remainder of the said term of 999 years, and to two sixth parts of the clear rents, issues, and profits thereof, from the death of James Sowton, otherwise Cronyn, subject to the debts and legacies of William Cronyn remaining unpaid, and awarded an injunction to put the respondent into possession of the said two sixth parts; and referred it to the Master to take an account of the rents, issues, and profits which Robert Snow and Richard Keily, and John Keily deceased, or any of them made, or without wilful default might have made of the said lands, since the death of Jane; and also to take an account of the debts and legacies of William Cronyn remaining unpaid, and of the personal estate he was entitled to at his death, into whose hands the same came, and how disposed of, with other usual directions.

In pursuance of this decree, various proceedings were had before the Master, who, on the 14th of June 1766, reported a balance due to the respondent, for his two sixth