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same; and that they were executed to George Martin, as being a friend and trustee for the family, and admitted that Lawrence Davoren did not owe any money to George or Gregory Martin at that time; and admitted that Egan and Lynnane might have represented, and that John Davoren did represent that no other use would have been made of the said last-mentioned bonds and note, but to prevent Lawrence Davoren from asserting his right to a moiety of the lands of James Davoren, or taking any steps which might oblige John Davoren to become a Protestant; and that he had forgot this transaction, by reason of his age and infirmities, at the time of putting in his former answer.—Said, that not in order to lessen the value of the lands of which James Davoren died seised, but in order to perform his will, he paid 40l. a year out of the estates to Eleanor the widow of James, since the said James's death.—Admitted, that Edmund Hogan lately found amongst James Davoren's papers, the original marriage articles of James Davoren with the said Eleanor, whereby a provision of 40l. a year was made for the said Eleanor for life, in case she should survive the said James Davoren without issue; and that no lands whatsoever are contained or mentioned in the said marriage articles, or made liable to such jointure.—Admitted, that the lands, said to be descended in gavel kind, were not in the seisin or possession of the said James at the time of his marriage, and at the perfection of the said articles or settlement; believed that all differences between [25] them and his said brother Lawrence Davoren were settled by the deed of 28th October 1736; and insisted upon the same, and also the articles of agreement of 1748, and on the deeds of lease and release of 30th and 31st days of October 1753; and confessed to have sufficient assets in his hands to pay all the demands due from him as heir and executor of James Davoren, or otherwise.

Edmund Hogan and Bridget his wife put in their further answer, almost in every particular to the same effect as the further answer of John Davoren; and admitted that he had, ever since the said articles of 1748, been in possession of the real estate of which James Davoren died seised, except ten acres which were not as yet divided, and for which he enjoyed an equivalent.—That he had lately found, amongst James Davoren's papers, his original marriage articles with Eleanor his wife, and that no lands were thereby made liable to her jointure.—Admitted he filed a bill, as attorney for Lawrence, relative to his demand against John Davoren, and that he had on that and other occasions, previous to the year 1734, notice of Lawrence Davoren's demand, and of the injuries supposed to be done him by John Davoren.—Insisted, that the articles of 28th October 1736, amounted to a release of Lawrence Davoren's original suit.—Believed John Davoren would not have produced the codicil of James Davoren, if he had not been cited thereto.

Edmund Hogan for several years afterwards, and to his death, amused Lawrence Davoren with proposals for a reference, and actually named an arbitrator on his part, as also did Lawrence, and two barristers were fixed on for that purpose; but in 1760, both John Davoren and Edmund Hogan died without the same having taken place; and John Davoren, notwithstanding the differences which had subsisted, made bis will, and appointed his nephew, James Davoren, the respondent, his executor and residuary legatee, but who having renounced such executorship, administration to John Davoren, with the will annexed, was granted to Pierce Creagh.

Edmund Hogan died without issue, having made his will, and thereby, after devising to his wife, the said Bridget Hogan, 400l. a year during her life, in full satisfaction of all jointure, dower, and shares, which she might have or claim out of all or any of his lands, tenements, and effects, real or personal, by virtue of her articles of intermarriage, or otherwise, and subject thereto, and to his debts and legacies, devised his real estate to James Burke, in trust for his brother Hugh Hogan, for his life, with remainder to his first and other sons in tail, with remainder to the appellant George Stackpoole, for life, with remainder to his first and other sons in tail male, with a like remainder to John Stackpoole, and to his first and other sons, with remainder to the testator's own right heirs, and appointed James Burke, George Stackpoole the elder, the appellant's father, since deceased, and John Burke, executors of such will; who proved the same, and possessed themselves of his personal estate, and Hugh Hogan the brother and devisee, thereupon entered on the estate, and continued in possession till his death.