Page:The English Reports v1 1900.pdf/399

At other times John Davoren admitted there being a codicil to the effect aforesaid, but alledged and insisted, that the testator was not of sound mind at the time of making the same; though, on being afterwards cited thereto, he proved it.

[11] John Davoren (who had such an ascendency over James Davoren, as to have possessed himself, in his life-time, of all the title deeds relating to his estates) immediately after James's death, entered and took possession of all his brother's real estates, and concealed the particulars thereof from his brother Lawrence; by which means he kept Lawrence in total ignorance of the nature of his brother's interest in those real estates, and of Lawrence's title to a moiety of them, under the said statute.

Lawrence Davoren, after the testator's death, applied to his brother John for a continuance of that support and maintenance which had been afforded him by the testator in his life-time; and who accordingly supplied him with some cattle, (which, or great part whereof, had in fact been bequeathed to him by his brother's codicil,) and other necessaries; but compelled him to enter into bonds to him for the amount thereof, keeping him in ignorance of his right under the codicil.

John Davoren, not content with defrauding Lawrence of such part of the testator's personal property as had been bequeathed to him by his codicil, also attempted various measures to prevent and disable Lawrence from ever asserting his right to a moiety of his brother James's real estate; and for that purpose, he, by means of several agents, (particularly by one Thady Egan, a Popish priest,) contrived to make Lawrence execute the several bonds, with warrants of attorney to confess judgment, and other securities after-mentioned, to himself, and other persons in trust for him, and which were, for the greatest part, afterwards acknowledged by John himself to have been entered into without consideration, and in fact for the sole end of awing and intimidating Lawrence from asserting his right to a moiety of his brother James's real estate, when he should come to the knowledge of it.

In order further to deter Lawrence Davoren from assorting his right to a moiety of the estate, John Davoren also sometimes threatened to become a Protestant, which, under the Irish Popery laws, would have deprived Lawrence (who was a Papist) and his family from every possibility of enjoying any part of the estate. And at other times (in order to lessen the value of the object in the eyes of Lawrence) represented to him, that the rents of James Davoren's estate were little more than sufficient to pay the £40 a year provided for Eleanor his widow, by her marriage articles; though he must have known, from being at that time in possession of those marriage articles, which he concealed from Lawrence, that this annuity was not charged upon any part of James's real estate, and that the personal estate was considerably more than sufficient to pay that and all other demands.

John Davoren obtained from Lawrence Davoren, a bond and warrant of attorney, of the 10th May 1726, and entered judgment thereon for the penalty of £370 198. conditioned for payment of £158 19s. 6d. the greater part of the con sideration for which was two years arrear of rent of part of James Davoren's estate, due 1st May 1726; though James Davoren never demanded the first year's rent in his life-time, or intended to charge [12] Lawrence Davoren therewith; and though, as to the year ending 1st May 1726, he ought, at most, to have been charged with only one moiety thereof, being entitled, under the statute, to a moiety of the lands for which it was payable.

John Davoren, on the next day, obtained from Lawrence another bond and warrant of attorney, and entered judgment thereon, in the penalty of £102 5s. 4d. conditioned for payment of £51 2s. 8d. the greater part of the consideration for which, was a bond of Lawrence Davoren to his father for £21 12s. and 14 years interest thereof at £8 per cent. and a bond from Lawrence Davoren to his father, for £4, and nearly eight years interest thereon, neither of which were intended by James Davoron should be demanded from Lawrence Davoren.

John Davoren obtained from Lawrence Davoren another bond and warrant of attorney, and entered judgment thereon, for the penalty of £100, conditioned for payment of £200, in consideration of a pretended sale to him of the farm called Gragans, though it had been devised to Lawrence by James Davoren's codicil.