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Robert, William, and Thomas; but it does not appear that any settlement was ever made pursuant to these articles.

[569] Anstace, the third daughter, intermarried with Daniel (afterwards Sir Daniel) Arthur, a merchant in London, and by him had issue the appellant her only son.

During the usurpation of Cromwell, Dr. Arthur was dispossessed of his said estate in Munster, and transplanted into the province of Connaught in the county of Galway; and having, in the year 1656, applied to the commissioners appointed for the adjudication of the claims and qualifications of the Irish, they adjudged him to be comprised within the eighth qualification of the ordinance then made for the settling of Ireland and accordingly decreed him, as a transplanted person, to about 800 acres in the barony of Dunkellin, in the said county of Galway.

Dr. Arthur continued in the possession of these lands from the time of this decree, until January 1674, when he died; but before his death, viz. on the 31st of December 1674, he made his will, and thereby devised the same to Christian his second wife for life, and to her executors or administrators for two years next after her death: and by a codicil to his will, dated the 2d day of January following, he devised the remainder of all the said lands, after the death of his said wife, and the expiration of the said term of two years, to his grandson William Arthur, the second son of his said daughter Dympna, in tail male; with remainder to his grandson Thomas, her third son, in tail male; remainder to the appellant, his other grandson, in tail male; with other remainders over; and appointed his said wife executrix.

The testator soon afterwards died, whereupon his said widow and executrix duly proved his will and codicil in the Prerogative Court in Dublin, and entered upon the said lauds, and also possessed the testator's personal estate, without any objection being made to the validity of either the will or codicil by the said Dympna or any of her children, although they all then lived in Dublin, and were well apprised of the disposition thereby made.

Some time after the testator's death, the said William Arthur died without issue; and the said Christian, the widow of the testator, intermarried with one John Rice.

King Charles II. having in the year 1676 granted a commission, grounded on the acts of settlement and explanation, impowering certain persons therein named to hear and determine the claims of transplanted persons; the said Dympna Arthur and Thomas her son, on the 19th of August 1676, made a claim before the commissioners of the said lands in Connaught, and on the 8th of October following, the same were decreed to the said Dympna and Thomas, and their heirs; but with a saving to the said John Rice and Christian his wife, of such right and title as they had to the said lands, by virtue of the last will and testament, or any other conveyance or assurance made by Dr. Thomas Arthur to them, or any of [570] them and in consequence of this decree, and of a certificate granted by the commissioners on the 22d of June 1678, letters patent were, on the 3d of March 1680, granted of the said premises to the said Dympna and Thomas, and their heirs; to the only use, benefit, and behoof of them, their heirs and assigns for ever.

In May 1680, the said Rice and his wife, in her right, exhibited a claim before the said commissioners, and accordingly obtained a certificate of a decree of the said lands for her life, and to her executors and administrators for two years immediately after her death; and, in pursuance of this certificate, Rice and his wife soon afterwards passed letters patent, with a saving both in the certificate and patent, to the said Dympna Arthur and her son Thomas, of all the right, title, and interest which they or either of them had, or ought to have had, in law or equity, to all or any part of the said premises.

But, in order to establish this claim of Rice and his wife, it was thought necessary to produce before the commissioners the original will and codicil of Dr. Arthur; application was therefore made to the Prerogative Court in Dublin for that purpose, who ordered the same to be delivered, on an exemplification being first made thereof, to remain as of record in that court, in the room of the original, and on their giving a receipt for the same; and these requisites having been complied with, the original will and codicil were delivered out to Rice and his wife accordingly.

The said John Rice and his wife being creditors by bond of John Arthur, the said Dympna's deceased husband, for £210, the said Thomas Arthur the son came to an agreement with them, not only for an assignment of the said debt, but also for the