Page:The English Reports v1 1900.pdf/585

Viscount Ross, the appellant's father, got possession of the manor, town and lands of Dunshaghlin and Rosetown, with the appurtenances, in the county of Meath, in Ireland, towards payment of the said Elizabeth's portion; and after the same was paid off, still continued to enjoy the premises, by agreement with the mother and guardian of the Viscount, during his minority.

Soon after the Viscount came of age, Sir Thomas, upon a pretence that he had laid out £1000 in buildings and other improvements on the premises, prevailed on the Viscount to grant him a lease thereof for three lives, renewable for ever and accordingly, by indentures of lease and release, dated the 26th and 27th of May 1682, the Viscount, in consideration of love and affection to his aunt, and of £1000 recited to have been laid out in improvements on the premises, pursuant to former agreements, and of £57 10s. then paid as a fine, granted and conveyed the said premises to Sir Thomas Worsop and his heirs, during the natural lives of John Worsop and Thomas Worsop, first and second sons of Sir Thomas, and of Elizabeth Worsop, his fourth daughter, at the yearly reserved rent of £200 payable half yearly.

By this deed, the Viscount covenanted, that he, his heirs and assigns, on failure of any of the said lives, or those thereafter, to be added, and on payment of £100 as a fine, and nominating a life to be added in the place of such life so falling, within six months after such failure, and paying the arrear of rent then due, would from time to time for ever renew the lease to the said Sir Thomas Worsop, and his heirs. And Sir Thomas thereby cove-[282]-nanted for himself and his heirs, with Lord Ross, that he and they, on failure of every of the lives named in the said lease, or to be added, should, on nominating a new life as aforesaid, to be inserted in the place of every life so falling, pay to Lord Ross, at the Tholsell of the city of Dublin, the sum of £100 over and above the annual rent, within six months after the failure of every such life.

But it was expressly provided, that if it should happen, that upon the failure of any of the lives therein nominated, or to be nominated as aforesaid, the said Sir Thomas Worsop, his heirs, executors, administrators, or assigns, should not pay the said Richard, Lord Viscount Ross, his heirs or assigns, for every life so failing as aforesaid, the said full and entire sum of £100 at the Tholsell as aforesaid, within six months after the failure of such life; and should not, also within six months, nominate the life of some other person in lieu thereof, to be added to the time and term of the said grant; then and for ever after such failure, on the part of the said Sir Thomas Worsop, his heirs or assigns, it should and might be lawful to and for the said Lord Viscount Ross, his heirs, executors, administrators, and assigns, to sue for the said £100 or else at his election, for ever after to deny and refuse the making of such renewal, by adding any other life or lives to the time and term of the said grant: and that in case the said Sir Thomas Worsop, his heirs and assigns, should not, within the time aforesaid, pay the said sum of £100 for each life so to be added, and nominate such life, within the time aforesaid; then the said premises, from and after the determination of the lives then in being, should be and remain to the use of the said Lord Viscount Ross, his heirs and assigns for ever.

On the 27th of May 1686, Thomas Worsop, one of the three lives, died; and, by indenture, dated the 26th of November 1686, between the Lord Ross and Sir Thomas Worsop, Ann Worsop, his youngest daughter, was named in the stead of the said Thomas Worsop, who died without issue.

About January 1688, Sir Thomas Worsop died; and on the 2d of January 1689, John Worsop, his son and heir, and one other of the lives in the release named, died without issue; and by indenture, dated the 10th of February 1690, between the Lord Viscount Ross of the one part, and Dame Elizabeth Worsop, widow and relict of Sir Thomas Worsop, Lettice Worsop, Thomas Toller, Esq. and Dorothy his wife, and Elizabeth and Anne Worsop, (which Lettice, Dorothy, Elizabeth, and Ann, were four of the daughters of Sir Thomas, and the said Elizabeth and Ann were two of the lives then in being) of the other part; Elizabeth Hoey was named in the stead of the said John Worsop, deceased.

Dame Elizabeth Worsop died about October 1695, and Lettice Worsop also died without issue; whereby the interest in the premises under the said indentures of lease and release, became vested in Elizabeth, Dorothy, and Ann Worsop, as sisters and coheirs of the said John Worsop, the son and heir of Sir Thomas Worsop.