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second part; Richard Eyre, Esq. of the third part; Frances Jane Eyre, spinster, eldest daughter of the said Richard Eyre, of the fourth part; and Richard Blair and Thomas Herbert, Esqrs. of the fifth part; previous to, and in consideration of a marriage then intended to be had, and which was accordingly shortly after had, between the said Simon White and the said Frances Jane Eyre, the said Richard White did convey unto the said Richard Blair and Thomas Herbert, and their heirs, the lands and tenements aforesaid, with the appurtenances, to hold the same to the uses following; viz. As to the lands of Ardgrown and Reen, to the use of the said Simon White for life, sans waste; and from and after his decease, to the use of his first and other sons by the said Frances Jane Eyre, in tail male; and for want of issue male of Simon by Frances Jane Eyre, then to the use of Simon White, and the heirs male of his body; and for default of such issue, to the use of Richard White, and his heirs; and as to the lands of Blackrock, and all the other lands therein mentioned, to the use of Simon White, and the heirs of his body, with remainder to the use of Richard White and his heirs and that in the said indenture of release was contained this clause,

That the said Richard White, his heirs and assigns, should, as lords of the said manor of Bantry, have, possess, enjoy, and be entitled to all mines, minerals, wrecks of the sea, and other royalties, in and upon the said lands, with free liberty to search for and carry away the same;

all which said mines, minerals, wrecks of the sea, and other royalties, were thereby saved and excepted out of the said conveyance. And the said Simon White, for him, his heirs, and assigns, did thereby covenant with the said Richard White, his heirs and assigns, that he the said Simon White, his heirs and assigns, and his and their tenants of all the said lands, should at all times thereafter do suit and service to and at the manor and manor courts of Bantry aforesaid. That the said Richard White being seised in fee of the lands of West Ruskagh, East Ruskagh, and of the said other lands and premises in the declaration of ejectment mentioned, and also of the lands of Inchiclough, all respectively situate in the said manor of Bantry, in the barony of Beer and Bantry aforesaid; and being also seised in fee of the reversion of the said lands of Blackrock, Ardgrown, and Reen, and the several other lands comprised in the said indentures of lease and release; and being likewise seised in fee of certain lands in the barony of Carbery, in the said county of Cork; and having issue the said Simon White his eldest son, and Hamilton White, the defendant in error, his second son, and a daughter, namely, Margaret the wife of Richard Longfield, Esq. and no other issue, on [437] the 1st of January 1775, made his last will and testament in writing, duly executed and attested, in the words following:

In the name of God, I Richard White, of Bantry in the county of Cork, do make this my last will and testament, hereby revoking all other wills by me formerly made. I desire to be buried in the chancel of the church of Bantry, with the rest of my relations; and I recommend to whichever of my children as shall enjoy my estate of Bantry, to cause a vault to be made in said chancel for a burying place for the family. I devise to my daughter Margaret Longfield, the sum of one hundred guineas to buy mourning, having given before, on her intermarriage with Mr. Longfield, the sum of seven thousand pounds, which is the full fortune I intended for her provision. I devise to my daughter-in-law Frances White, one hundred guineas for mourning. I devise to my son-in-law Richard Longfield, twenty guineas for mourning. I devise to my nephew Richard Blair, twenty guineas for mourning. I devise to my grandson Richard White, and the heirs of his body lawfully begotten, all my undivided third part, and one-and-twentieth part of the lands of Crippleconagh, Ardnegeshill, and Comhola, in the half barony of Bantry and county of Cork, in lease to Henry Wallis, Esq. at the rent of seventy pounds yearly, with all rents, issues, and profits, arising out of said lands and also all my undivided third part, and one-and-twentieth part of the lands of Kilmacowen, Derrymiheen, Ballynakilly, Grenane, Ardagh, Rurin, and Connoghline, in the half barony of Beerhaven and county of Cork, in lease to Richard Tonson, Esq. at the rent of sixty pounds yearly, with all rents, issues, and profits arising out of said lands: also all my undivided third part, and one-and-twentieth part of the lands of West Ballyshonein, Killneglory, and Kerrychrog-ane-beg, in the barony of and county of Cork, in lease to William Austin, Esq. at the rent of thirty pounds yearly, with all rents, issues, and profits arising out of all the said lands, the rent of the whole amounting to one hundred and sixty pounds yearly. And my will is, that the said one hundred and sixty pounds yearly be paid to my said grandson