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to his Countess Alice, her heirs and assigns for ever, and died without issue in January, 1675: And that Countess Alice entered into all the said Earl's lands, not in jointure to Countess Ann; and under Earl Henry's will, claimed the reversion in fee of the jointure lands alleging that Earl James's will was not good, he not having been of sound mind or memory when it was made: And appellant stated further, that the five eldest sons of Earl James's five uncles, mentioned in his will, (viz.) Sir Hans Hamilton, James Hamilton, of Bangor, Esq. James Hamilton, of Neilsbrooke, Esq. Archibald Hamilton and Patrick Hamilton, Esqrs. in February, 1675, filed a bill in the Court of Chancery, in Ireland, against Countess Alice, to perpetuate the testimony of the witnesses to Earl James's will: And that Countess Alice, in April, 1676, preferred a bill to set aside that will: [210] And that Sir Hans Hamilton, appellant, James, Archibald and Patrick, answered jointly, but James, of Neilsbrook, answered separately: And, in June, 1676, preferred their cross bill, to prove the will of Earl Jones: And that Countess Alice, answered and denied the will of the said Earl James, and insisted that he was not of sound mind or memory; and many witnesses were examined on both sides, for and against the validity of the said will, and the evidence was contradictory: And that James Hamilton, of Neilsbrook, the eldest son of the eldest of the said five uncles, claiming title to the whole estate by prior settlements, made by Lord Viscount Claneboy, Earl James's father, refused to go on any further in that suit; and thereupon Sir Hans Hamilton, Archibald and Patrick, impowered appellant James by letter of attorney, dated 19th October, 1676, to prosecute the same on their behalf: And stated further, that Countess Alice, by deeds of lease and release, 23d and 24th August, 1676, settled the said estate to the use of herself and the heirs of her body; and in failure of such heirs, granted 300l. rent charge thereout to her kinsman, Richard Spencer, Esq, and his heirs; and 50l. per annum, rent charge to James Sloane, Esq. and his heirs and subject thereto, granted all the estate to her brother, Henry Moore, Esq. then Earl of Drogheda, in , with remainders over, subject to her debts, particularly to 3000l. which she borrowed from Lord Bargany, whom she afterwards married, and soon after died without issue, in December, 1677: And that Sir Hans and appellant James were advised, that the remainder limited by Earl James's will to the five uncles sons, were barred by the fines and recoveries: And that a prospect of suits and great troubles appearing, concerning the validity and construction of Earl James's will, they, Sir Hans and appellant. James, in May, 1678, for valuable consideration, purchased to them and their heirs, the several estates and interests of Moore, Lord Bargany, Spencer and Sloane, and enjoyed accordingly: And that they had made divers settlements in their families on marriages and other good considerations: And that Archibald and Patrick Hamilton were apprised of these matters, and, 24th December, 1678, came to an agreement with Sir Hans and appellant James, to accept one fifth part of the jointure lands, and of the lands in lease for lives, to be conveyed to each of them and their heirs by Sir Hans and appellant James: But that James, of [211] Neilsbrook, refused to join with the others in these proceedings or agreements, till after several years inquiry concerning the supposed settlement: But that he at length found he had been mis-informed, and solicited appellant James to undertake for Sir Hans, who was then absent, to agree to an award of indifferent arbitrators, and that he, for his part, would be bound thereby, which appellant James agreed to, and each chose an arbitrator; and, 5th May, 1680, entered into mutual bonds of the penalty of 1,000l. wherein appellant James was bound for his own, and Sir Hans's performance of the award: And that the reference was had, and the arbitrators, John Creighton and Hugh Humill, Esqrs, deceased, awarded Sir Hans and appellant James, to convey one fifth part of the jointure lands, and lands in lease for lives, to James, of Neilsbrook, and his heirs, in like manner as they had done to Archibald Hamilton: And that James, of Neilsbrook, acquiesced in the award, and never controverted it during his life: But before any conveyance made to James, of Neilsbrook, pursuant to the award, Sir Hans Hamilton died in February, 1681, leaving appellant, Hans Hamilton, his grandson and heir, an infant; and James, of Neilsbrook, died in September, 1683, leaving three daughters, Rose, Rachael, and Ann. And appellant stated further, that William Hamilton, third