Page:The English Reports v1 1900.pdf/405

John Davoren, throughout the answer, never set up or insisted upon, or even so much as stated the pretended articles of the [20] 28th October 1736, but, on the contrary, set up and claimed the pretended bonds and securities before-mentioned.

John Davoren, by a further answer to the bill in 1732, among other things, admitted that James Davoren's personal estate, which came to him, was sufficient to pay his debts and legacies, with some overplus, and said, he neither kept or could give an account of the assets of James Davoren, having mixed them with his own personal fortune.—Said, he did not think himself obliged to perform any of the bequests in the codicil.—Denied having received any bond, note, or other obligation, from Lawrence Davoren, for the bequests made to him by James Davoren, save, that by the codicil James Davoren having devised John Davoren's own farm of Gragans, to Lawrence Davoren, which was in John Davoren's own possession, being settled on the said John Davoren, on his marriage, and the place of his residence; John Davoren afterwards sold his interest therein to Lawrence Davoren, for 200l. for which he took the bond of 12th May 1726.—He also insisted that Eleanor Davoren's annuity was a charge on the real estates.—Admitted, that after James Davoren's death, he possessed himself of the said James Davoren's real and personal estates; and also of the title deeds and evidences which James Davoren had, relating to his estate, before the death of James Davoren, and before the making of the codicil.—Admitted, that Lawrence Davoren, his wife and child, were supported by James Davoren.—Admitted, that he had obtained judgment against Lawrence Davoren, on the said five bonds of the 10th, 11th, 12th, and 13th days of May, and 19th day of July 1726.—Stated the said three penal bills, passed down to the 23d November 1726, for sums amounting to 17l. principal money, and a penal bill of 28th October 1736, for a principal sum of 33l. 19s. 8d. passed to him by Lawrence Davoren.

John Davoren, by his last answer also, neither stated or claimed the benefit of the articles of 28th October 1736.

In 1748, the cause for payment of the legacies came on to be heard, when Lawrence and James Davoren obtained a decree against John Davoren for the 500l. legacy, bequeathed to James, and to oblige John to give security for the 3000l. payable at his death, on the contingency of his dying without issue male. Soon afterwards John Davoren having, by the death of his only son, only one daughter, Margaret Davoren, to provide for, in order to put an end to all litigation between the family, commissioned a gentleman, in the year 1748, to propose and effect a marriage between the respondent (the son of Lawrence) and his said daughter Margaret; and on that occasion to make over to the respondent all his real and personal fortune, subject to a life provision for himself; which would in all probability have taken place, but that Edmund Hogan, finding out that such a treaty was on foot, threatened John Davoren with bringing down all his creditors upon him, and obliged him to desist from his intention.

[21] Edmund Hogan, (though he had been concerned as attorney to Lawrence Davoren, in filing his bill in 1732, and as such had full notice of the claim to a moiety of the estates), from a consciousness of the invalidity of the articles of 1736, devised a further expedient, the better to entangle matters, and prevent Lawrence (if possible) from having any remedy against the estates, by prevailing on John Davoreu, and his daugter Margaret, to convey all his estates to him for a consideration of 200l. a year for his life, and 2000l. to be paid to Margaret on her marriage, with interest in the mean time; and accordingly, on the 18th of June 1748, articles of agreement were made between John Davoren and Margaret Davoren his daughter of the one part, and the said Edmund Hogan of the other part, whereby John Davoren did covenant to assign and convey all the lands and premises whereof he was then seised or possessed in fee, for lives, or years, or otherwise, unto the said Edmund Hogan, his heirs, executors, administrators and assigns, for ever, reserving thereout to him the said John Davoren a yearly rent-charge of 200l. during his life; and the said Margaret Davoren did also covenant to join in such grant and conveyance of all such lands and premises, an she then was or might be entitled to, in possession, reversion, or remainder, as one of the heirs of her brother William Davoren, deceased, or otherwise; and further, the said John Davoren, by the said articles, did grant, assign and convey, all his personal fortune, of any nature and kind, unto the said Edmund Hogan; in consideration whereof the said Edmund Hogan, by the said articles, did covenant