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age of 21 years; and then I give and bequeath the sum of £400 to the said George Jackson. All which said bequests are to be raised and levied out of my lands of Glanbegg, Coolishall, Ballygally, and Ballyduff, all situate in the Barony of Cashmore and Cashbride, and county of Waterford. But my will and desire is, that if the said Ellen Jackson, John Jackson, and George Jackson, or any of them, should not be bred up and educated in the Protestant religion, that then and in such case, or in case that they or any of them should not marry Protestants, then and in either of the said cases my will is, that the said Ellen Jackson, John Jackson, and George Jackson shall have and be entitled unto only £100 a-piece, at their respective ages of 21 years; and in case the said Ellen Jackson should marry without the consent of my executors herein-after named, that then she shall be entitled but to £100 sterling. I also give and bequeath unto my cousin Henry Wallis, of Curryglass, the sum of £1000 sterling, to be paid to him as soon as conveniently may be after my decease. I also give and bequeath to my uncle, Edward Jackson, the yearly sum of £30 sterling, during his life. I also give and bequeath unto my uncle, John Wallis, the sum of £100 sterling. I also give and bequeath unto my relations William Kenah and Jane his wife, the sum of £200 sterling. I also give and bequeath unto my dearly beloved mother, Mary Jackson, all the remainder and residue of all the effects, both real and personal, which I shall die possessed of. And lastly I do constitute, nominate, and appoint Christopher Musgrave of Tourin, and Henry Eeles, of Lismore, Esq. executors of this my last will and testament, and guardians over the said Ellen Jackson, John Jackson, and George Jackson. In witness, etc.

The testator lived till the 8th of May 1761, and then died a bachelor, without any other alteration in circumstances, than his having discharged £500 of the incumbrances affecting his [390] fee-simple estates. He left surviving him all his above-named relations, legatees in his will. And upon his death, Mary his mother entered into possession of his several real estates, claiming the same under his will.

In Trinity term 1761, Edward Jackson, the uncle and heir at law, filed his bill in the Court of Chancery in Ireland, against the said Mary Jackson, alledging the want of deeds, and temporary bars, which prevented his proceeding at law; and praying an account of the rents and profits, and to be decreed to the possession of the real estate, of which the testator died seised; insisting, that the same did not pass to his mother under the residuary clause in his will.

Mary Jackson having put in her answer, the cause came on to be heard before the Lord Chancellor Bowes, on the 14th of December 1762, when his Lordship directed, that the bill should be retained for a year, with liberty for the plaintiff, in the mean-time, to try his title at law; that all deeds should be produced, and that temporary bars should be waived.

Accordingly, in Michaelmas term 1762, Edward Jackson, in the name of Henry Prendergrast, his feigned lessee, brought an action of trespass and ejectment in the Court of Common Pleas, in Ireland, against Mrs. Jackson, for recovering the lands of Coolishall and Ballyduffultra; to which she pleaded, and the cause was tried at the bar of that court, in Easter term following; when the jury found a special verdict, setting out the title of George Jackson to the lands in question, and his will, in the words thereof.

This special verdict was several times argued in that court, and in Trinity term 1764, judgment was given for the defendant, Mrs. Jackson, by the unanimous opinion of the Lord Chief Justice Aston, and the other judges.

Edward Jackson having died intestate, on the 20th of June 1763, Rowland Jackson, his only son and heir, the now plaintiff in error, took up the cause, and in the name of Henry Prendergrast, the nominal plaintiff in the ejectment, brought a writ of error, in the Court of King's Bench in Ireland; and in Easter term 1767, after many arguments, the judgment of the Court of Common Pleas was reversed, by Lord Annaly and Mr. Justice Scott, against the opinion of Mr. Justice Robinson.

To reverse this judgment, Mrs. Jackson brought a writ of error, in the Court of King's Bench in England; where, in Hilary term 1768, the cause came on to be argued, and was ordered to stand over to the then next term. But the writ of error having abated by Mrs Jackson's death, there was no further argument.

Mrs Jackson died on the 13th of January 1768, having first made her will, bearing date the 31st of October 1761, and thereby gave and bequeathed (subject to her debts)