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all her real and freehold estates, of and in the towns and lands of Glanbegg, Ballygally, Coolishall, and Ballyduffultra, and also all her personal estate, of what nature or kind soever, to John Jackson, George [391] Jackson, and Ellen Jackson, children of Ellen Corkeran, and to her nephew Henry Wallis, to be equally divided between them, share and share alike, with clauses of survivorship; and appointed Christopher Musgrave and Henry Eeles, Esqrs. and the said Henry Wallis, her executors.

Immediately after the death of Mrs Jackson, the now plaintiff in error, Rowland Jackson, contrived to get into the possession of the estates in question, and received the rents and profits thereof to his own use.

In Hilary term 1769, the devisees of Mary Jackson, in the name of their feigned Lessee John Hogan, the now defendant in error, brought an ejectment in the Court of King's Bench in Ireland, against Rowland Jackson, for recovery of the several lands of Glanbegg, Coolishall, Ballyduffultra, and Ballygally, of which he had so possessed himself; and issue being joined, the cause came on to be tried at bar, in Easter term 1771, when the jury brought in a special verdict, in substance as follows:

They found, that George Jackson, father of the testator, purchased the towns and lands of Glanbegg and Coolishall, and died seised thereof in fee, leaving two sons, John his eldest, and the testator, and no other issue; and that on his decease, John Jackson, as his heir, entered and became seised in fee of the said towns and lands, and died so seised without issue; and that on his death the same descended to the testator, as his brother and heir, and he entered and became seised in fee. That Sir William Abdy, Bart. and Jonathan Burward, being seised in fee of the town and lands of Ballyduffultra, and of the lands of Ballygally, by two several indentures of lease, dated respectively the 9th of June 1739, and by livery and seisin, demised the same respectively to the said George Jackson the elder, and his heirs, for three lives in being, renewable for ever, with full liberty to commit waste. That the estate of freehold in these lands rested in the testator, who became seised thereof, to him and his heirs, by virtue of the said several leases as special occupant, he being heir of George Jackson the elder. That the testator, being so seised, on the 9th of August 1756, duly made his will, in the words before stated. That the testator, on the 8th of May 1761, died seised of the said several lands, unmarried, and without issue, and without revoking or altering his said will. That Edward Jackson was, at the time of the testator's making his will, his uncle and presumptive heir, and at the time of his death his heir at law; and that he died on the 20th of June 1763, intestate, leaving Rowland Jackson, the plaintiff in error, his only son and heir. That the testator, at the time of making his will and at his death, was entitled to the following tenements, viz. the Old House at the ferry in Lismore, called the Old Mill, by virtue of an agreement, executed by the agents of the Earl of Cork and Burlington, by which it was agreed, that George Jackson, the testator's father, his heirs, executors, etc. should hold the said Old House for three lives, to be named, and after the death of the survivor for 21 years, at the yearly rent of 5s. A tenement in Lismore [392] called Mulcahys and Dart's holding, by virtue of an indenture of demise, dated the 9th of June 1727, made by Charles Baggs, to George Jackson the father, his heirs and assigns, for the lives of Charles Baggs, Henry Jervois, and David Crotty (all living) and the life of the survivor, at the yearly rent of 40s.; in which lease was an agreement, that the lessee should hold the premises for 21 years, from the death of the survivor. And a tenement called Geohagans, containing 86 acres, in the county of Waterford, by virtue of a lease dated 26th March 1723, made by the Earl of Cork and Burlington to George Jackson the father, his heirs and assigns, for the lives of John Jackson, Henry Jackson, and the devisor, and of the survivor, at the yearly rent of £25 sterling, etc. with a covenant on the part of the Earl, that the lessee, his heirs, etc. should hold the premises for 21 years, from the death of the survivor of the said three lives. That the testator was the survivor of the said three cestuique vies; and the said three leasehold interests duly came to him before the making his will. That Mary Jackson, the mother of the devisor, on his death entered into and became seised of Glanbegg, Coolishall, Ballyduffultra, and Ballygally, for such estates therein, as passed to her by the said will; and that on the 31st of October 1761, she made her will as the law requires, to the effect before stated. That Mary Jackson died on the 31st January 1768, so seised of Glanbegg, Coolishall, Ballyduffultra, and Ballygally. That the lands of Glanbegg and Ballygally were, at the time of making the will of George Jackson, of the yearly value of £150, subject to the