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of Mallow, Armaharlick, Agherkerry, Baltinerack, Tomes, Behagh, Kinebts, Gortree, Buckrys, Cahirs, Glaune, Teeny, Conogh, Clancurbane, Grillah, Knockocullen, Carren, Killvorogh, Granore, Lennah, and Knockneduff, and all other my estate of inheritance in the barony of Carbery, in the county of Cork, together with all rents, fines, and arrears, that shall be due out of said lands at the time of my death and for default of issue of my said son Hamilton, then I devise my said estate in Carbery to my eldest son Simon White, and the heirs of his body lawfully begotten: and for default of issue of my said son Simon, then I devise my said estate in Carbery to my daughter Margaret Longfield, for her life, and after her decease to the heirs of her body lawfully begotten, the remainder to my own right heirs. I also devise to my said son Hamilton White, during the term of his life, without impeachment of waste, paying five pounds yearly rent to my executor Simon White, all those parts of the lands of Inchiclogh, in the barony of Beer and Bantry, in the county of Cork, as now in his said Hamilton's occupation, and any three of my horses he shall chuse. I also devise to my said son Hamilton, £1000, to be paid him in twelve months after my death by my executor Simon White, hereafter mentioned. I devise all the rest and residue of my estate in the manor, towns, and lands of Bantry, in the county of Cork, and barony of Beer and Bantry, that has not been already settled on my eldest son Simon White's marriage, except those parts of the lands of Inchiclogh hereby before devised to my son Hamilton, and all my right, title, and interest in the said manor, towns, and lands of Bantry, with all appendants and appurtenances thereunto belonging, and all rents and arrears that shall be due out of said lands, at the time of my death, together with all remainders and reversions of said lands, settled on said marriage, to my eldest son Simon White, and the heirs of his body lawfully begotten and for default of issue of my said son Simon, then I devise my said entire estate of Bantry to my son Hamilton White, and the heirs of his body [440] lawfully begotten and for default of issue of my son Hamilton, then I devise my said entire estate of Bantry to my daughter Margaret Longfield, for her life; and after her decease to the heirs of her body lawfully begotten; the remainder to my own right heirs. I make and appoint my said eldest son Simon White my sole executor, and do devise unto him all the residue of my estate, real, personal, and mixed, and of what kind soever it be, that is not hereby devised, subject to my debts and legacies.

And the jury further found, that Simon White afterwards, in the life-time of Richard White, his father, the testator, to wit, on the 2d of September 1776, died, leaving issue by the said Frances Jane Eyre, the said Richard White, the lessor of the plaintiff, his eldest son and heir at law, then under 21, and three other sons and four daughters; and that the said Richard White, the testator, was informed and knew of the death of his said son Simon; that the said Richard White had been a barrister: that the said Richard White the testator afterwards, to wit, on the 27th of the same September, died, seised in fee of the lands and tenements mentioned in the declaration, and that the said lands and tenements are the same which are devised by the said Richard White to his son Simon, and the heirs of his body, etc. by his said will; and that the said Richard White died seised also of the reversion in fee in the before-mentioned lands and tenements, comprised in the said indentures of lease and release of 24th and 25th September 1766; and that the defendant Hamilton White was then about 35 years old, and had never been married; that the lands and tenements in the declaration mentioned, were all the rest and residue of Richard White's estates in the said manor of Bantry, in the said will mentioned, which were not comprised in the said indentures of 24th and 25th September 1766, except the said lands of Inchiclough; and that the clear yearly value of the said settled estate was £1008 at the time of the execution of the said deeds and will; that the lands and tenements in the declaration mentioned, at the time of the making the said will, and at the time of the death of the said Richard White, were of the clear annual value of £2300, and that the lands of Inchiclough, so devised to the said defendant Hamilton, were, at the time of making the said will, of the yearly value of £70, and that the defendant Hamilton White, upon his said father's death, entered into the said tenements and premises in the declaration mentioned, and now in question, claiming the same under his father's will.

In Michaelmas term 1780, this special verdict was argued in the Court of King's Bench in Ireland; and in Hilary term following, judgment was given for the lessor