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so that the appellant had received considerable indulgence from the decree and might very well have acquiesced under it.

Accordingly, after hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed, and [200] the decree therein complained of, affirmed: and it was further ordered, that the appellant should pay to the respondent, the sum of £40 for his costs, in respect of the said appeal. (Jour. vol. 22, p. 87.)

By indenture, dated the 28th of April 1662, Foliot Wingfield, esq afterwards Lord Viscount Powerscourt, in consideration of a marriage between him and the Lady Elizabeth his wife, eldest daughter of Roger, Earl of Orrery, and for other considerations therein mentioned, covenanted to levy a fine, inter alia, of the manor of Benburb, in the county of Tyrone, to the use of himself for life; remainder to the first and every other son of the marriage, in tail male; remainder to the said Foliot Wingfield, in tail male general; remainder to Lewis Wingfield, the appellant's father, in tail male general; with other remainders over. And a fine was accordingly levied of the premises, in Easter term following.

On the 6th of January 1692, the said Foliot, Lord Viscount Powerscourt, demised the said manor of Benburb to Richard Chappel, esq. for twenty-one years, from the 1st of May then next, at the yearly rent of £278 for the first three years, and £378 per ann. for the remainder of the term: and Chappel made leases thereof to several under-tenants, at a very considerable advanced rent.

The said Richard Chappel, by his will, dated the 31st of January 1705, devised the benefit of this lease to the respondent, upon trust, thereout to raise £600 for the testator's sister and nieces; and then the remainder and benefit of renewal to go to the respondent; and he made Mary his wife executrix.

In November 1706, Chappel wrote a letter to the Lady Powerscourt, desiring a new lease for a further term, and offering to pay whatever should be thought reasonable, by way of fine or advance; and much about the same time, some of the under-tenants, to whom he had agreed to grant new terms, having applied to him for a renewal of their leases, he told them, that he himself had not renewed his own lease, and did not know that he ever should.

On the 9th of March 1706, Chappel died; but, just before his death, he acquainted his wife, that he had made her executrix of his will; and declared, that he thought the £600 left to his sister and nieces, too great a charge on the said manor of Benburb; and therefore directed her to pay £500 which be [201] had by him in ready money, towards discharge of part thereof, in case of the respondent, who was to pay the remaining £100. And after Chappel's death, the respondent had free access to his writings and papers, and frequently searched and examined the same.

In October 1711, the respondent made a proposal in writing to Lord Powerscourt, offering to pay £500 per ann. for the said manor, from the expiration of the lease then in being; and application, for the same purpose, was made in the respondent's favour to his Lordship, by the under-tenants of the manor, and also by Mrs. Chappel and one Mr. Dawson, who married her niece; and Mrs. Chappel in one of her letters told his Lordship, that Mr. Chappel had devised the lease to the respondent, in expectation of his Lordship's kindness; and said, she hoped, in case