Page:The English Reports v1 1900.pdf/1403
House. However, the question was carried without a division, to affirm the judgment of the Court of King's Bench. A day or two after which, a motion was made to rehear the cause, it being alledged, that the majority of the Lords present were clearly for reversing that judgment; though, by a surprise, they did not divide the House. But the fact not being clearly ascertained, and also for the danger of such a precedent, the motion was withdrawn by consent.
[388] Case 55.—Rowland Jackson,—Plaintiff; John Hogan, and Others,—Defendants (in Error) [2d December 1776].
[S. C. Cowp. 299. See Doe v. Dring, 1814, 2 M. & S. 447.]
The Reverend George Jackson deceased, in August 1756, was seised of the several real estates and descendible freeholds following, all situate in the county of Waterford; viz. the towns and lands of Coolishall and Glanbegg in fee simple; the lands of Ballyduffultra and Ballygally, for lives renewable for ever; and of three inconsiderable freehold tenements; the first held under an article for three lives to be named; the second under a lease for three nominated lives, then all in being; and the last under a like lease for three lives, of which he himself was then the survivor; with an agreement as to the first, and a covenant as to the two last respectively, for a reversionary term of 21 years, to commence from the death of the surviving cestui que vie.
The lands of Glanbegg and Ballygally were of the yearly value of £150 subject to a rent of £45 payable out of Ballygally, and the timber on these denominations was valued at £200. Coolishall and Ballyduff were of the yearly value of £350, subject to a rent of £50 payable out of the latter. The timber on these lands was valued in the year 1769, at £4500. Glanbegg and Coolishall were incumbered with debts of John Jackson, his elder brother, to the amount of £5900. The three small freehold tenements produced an annual profit of £30, the gross value of the whole was £240, his personal fortune was £1300, and his debts, with the addition of his funeral expences, amounted to £195.
He had living a mother advanced in years; an uncle, Edward Jackson, his presumptive heir; an uncle, John; and a cousin-german, Henry Wallis; two nephews and a niece, John, George, Ellen, natural children of his elder brother John Jackson; besides other collateral relations.
Thus circumstanced as to family and fortune, on the 9th of August 1756, George Jackson duly made his will in the following words:
In the name of God Amen; I the Reverend George Jackson, of Glanbegg in the county of Waterford, clerk, being in perfect health, but mindful of mortality, thanks be to Almighty God, do hereby publish this my last will and testament. First, I recommend my soul to Almighty God, and my body I desire may be interred with my ancestors in Lismore church, in a decent manner; and as to my worldly substance, I give and bequeath unto my dearly beloved mother Mary Jackson, my house and lands of Glanbegg, with all their appur-[389]-tenances, for and during the term of her natural life, clear and free of any deduction or charge whatsoever; and also the lands of Ballygally, subject to the rent only payable thereout, for the term of her natural life, without liberty of committing waste thereon. I also give and bequeath unto Ellen Corkeran, now of Coolishall, the sum of £30 sterling, to be paid her yearly during her life, for the support of her and her son George Jackson. I also give and bequeath unto her daughter Ellen Jackson, the sum of £20 sterling, to be paid her half yearly, till she arrives to the age of 21 years, and I then give and bequeath her the sum of £500. I also give and bequeath unto John Jackson, eldest son of the said Ellen Corkeran, the like sum of £20 sterling, till he arrives to the age of 21 years, and then I give and bequeath unto the said John Jackson, the sum of £500 sterling; and in case the said Ellen Corkeran should die before the said George Jackson, then I give the said George Jackson the yearly sum of £20 sterling till lie arrives to the
1387