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and interest, that said Lawrence Davoren ever had, or might have had, to the estate which the said James Davoren died possessed of, or to any part thereof, unto his nephew William Davoren (since deceased) only son and heir to the said John Davoren, in case the said John [17] Davoren, his executors or administrators, would assign and make over unto his said son William Davoren, all his the said John Davoren's right, title, and interest, in and to the said bonds, and warrants to confess judgment, so passed by the said Lawrence Davoron unto the said John Davoren, and not otherwise, or unto any other person, being a Protestant of the church of Ireland, that the said John Davoren, his executors or administrators, should think convenient to assign and make over the said bonds; which said bonds, with warrants to confess judgments, were to be delivered up to the said Lawrence Davoren, his administrators or assigns, upon his perfecting the said deed of conveyance in manner aforesaid, and was to be discharged by the said John Davorea, his administrators or assigns, from the bonds and notes that he the said Lawrence Davoren had passed and perfected to the said John Davoren, from the beginning of the world to the day of the date thereof, excepting the two bonds in the foregoing instrument or paper writing excepted. And the said John Davoren was to pass and perfect a lease of the lands of Gragans unto the said Lawrence Davoren, for the term, time and space of eleven years, to commence from the 1st day of May then next, at the said rent of 90l. to the said John Davoren, his administrators or assigns, and payable at such times and mannor, and with such conditions and clauses, and provisoes, as in the foregoing instrument or paper writing is mentioned; and particularly, provided the said Lawrence Davoren would pass and perfect the said deed of conveyance in manner aforesaid, and not otherwise. And after further reciting by the said instrument, that the said James Davoren did, by the codicil to his said will, bequeath 3000l. sterling, to the said Lawrence Davoren, and to his heirs male lawfully begotten, to be charged on the real estate that the said James Davoren died possessed of, in case the said John Davoren should happen to die without issue male lawfully begotten, and not otherwise, the said John Davoren did, by the present instrument, promise and engage, in the penalty of 3000l. sterling, to sign and perfect any assurance or assurances to confirm and ratify the same, according to the true intent and meaning of the said codicil, with respoet to the said 3000l. and as the learned counsel in the law should reasonably devise or advise. And for further assurance of performing the same, the said John Davoren did thereby depose on the holy evangelist, in the presence of God and his angels, and in the presence of the under-named subscribing witnesses, that he would fulfil and perform all the conditions mentioned in the present instrument or writing, as on his part ought to be fulfilled and performed, according to the true intent and meaning thereof; provided, the said Lawrence Davoren should fulfil and perform all the conditions mentioned and inserted in the instrument or writing from the said Lawrence Davoren to him, bearing equal date therewith, as on his part ought to be fulfilled and performed, according to the true intent and meaning thereof, and also what ought to be on his part fulfilled and performed of the present instrument or paper writing.

[18] There was also a memorandum added at the foot of the said articles of agreement, purporting, that if Lawrence Davoren was evicted out of Gragans before the expiration of the term, he was to be paid 5l. a year by John Davoren, during the residue of the term, as a compensation or further consideration for passing and perfecting the said deed of conveyance.

The agreements contained in the said pretended instruments or articles were never, in any respect, carried into execution; nor was any thing ever done under the same, nor any lease made or executed by John to Lawrence in pursuance thereof; nor any assignment or conveyance ever made or executed by Lawrence to John, nor any other of the conditions performed by John, or William his son; but on the contrary, the said instrument or articles of agreement was totally deserted; and a short time afterwards, Lawrence Davoren was evicted out of possession of Gragans, by a prior title And no part of the rent or payment of 5l. was over, at any time, paid or accounted for by John to Lawrence, on account thereof, as it would and ought to have been, in case the said last-mentioned instrument or paper writing had been considered as valid between the parties.

In 1742, William Davoren, the only son of John Davoren, died without issue.