Page:The English Reports v1 1900.pdf/592
relating to that title; and several other meetings were afterwards had, when the appellant rose in his demands, and insisted upon having the whole of the English estate, and that the respondent should have only one third of the Irish estate; and that the appellant should have a power to charge his two thirds of that estate with £25,000 which was £5000 more than he at first desired: nothing therefore was concluded on at any of those meetings, but both parties took time to consider. And after many interviews between them and their relations and friends, they came into the following agreement.
By articles, dated the 16th of June 1737, reciting, that divers disputes and controversies had been between the appellant and respondent, touching their respective rights and titles to the estates, lands, tenements, and hereditaments, whereof the late Arthur, Earl of Anglesey, died seised or possessed, in the kingdoms of Great Britain and Ireland; it was witnessed, that for ending and accommodating all disputes and differences between them, any way relating to the premises, it was mutually agreed, that the respondent should release all the right and title which he had or claimed to all and every the estates, lands, tenements, and hereditaments, whereof the said Arthur, late Earl of Anglesey, died seised or possessed in Great-Britain or Wales, to the appellant and his heirs for ever; and for that purpose should do and execute all such further and other acts and deeds, as by the appellant's counsel should be advised or required. That the appellant and respondent were to have all the wood and timber trees then growing upon any part of the said Earl Arthur's estate, except the woods and timber trees standing and growing in the park of Camolin, to be divided equally between them, and disposed of as they should think fitting. That the respondent should convey the park and lands, with the wood and timber trees standing and [293] growing thereon, of Knockengarrow, alias Knockgrenan, near Camolin, in the county of Wexford, and the mansion-house and keeper's lodge, with their and every of their appurtenances, to the appellant and his heirs for ever. In consideration of which, the respondent was to have, hold, and enjoy part of the said Earl Arthur's estate, of the clear yearly value of £200 free from all incumbrances, to him and his heirs for ever; the same to be set out with all convenient speed. That the appellant was to have two thirds of the remaining part of the said estate in Ireland, for life; remainder to his first and every other son in tail male; and for want of such issue, remainder to the respondent for life; remainder to his first and every other son in tail male; and for want of such issue, remainder to the right heirs of the appellant. And the respondent was to have the other third of the said estate for life; remainder to his first and every other son in tail male; and for want of such issue, remainder to the appellant, and his first and every other son in tail male, with the like remainders over to the right heirs of the respondent: and each of them was to have a power to make leases and settle jointures, in the manner therein mentioned; and likewise a power of charging by mortgage, or otherwise, on their respective shares, any sum not exceeding £25,000 to the appellant, and £10,000 to the respondent, until such time as the said partition or division of the said estate could be made: and each of them was to have and receive a proportionable share of the rents, issues, and profits, according to the allotment before-mentioned, of the said whole estate and premises in Ireland. That the two thirds of the estate so belonging to the appellant, should be charged and chargeable with the payment of two-thirds of an annuity of £2000 payable to the Duchess of Buckingham for her jointure; and also with the payment of two-thirds of what should appear to remain due of the portion of Lady Catharine, daughter of James Earl of Anglesey, deceased, and of all other incumbrances affecting the estate of the late James and Arthur Earls of Anglesey; and that there should be a like proportionable charge on the third allotted to the respondent. That the appellant agreed to waive all privilege of Parliament, as a Peer of Great-Britain or Ireland, with respect to any suit or suits to be commenced or prosecuted, for any matter or thing to be claimed, sued for, or demanded, in consequence and pursuance of this agreement between him and the respondent. And the appellant and respondent did mutually covenant and agree, each with the other, to execute all further acts and assurances, which by their counsel should be advised or required, at the request of either party, for the further conveying and assuring the premises, according to the tenor and intent of the said agreement.
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