Page:The English Reports v1 1900.pdf/947

Nicholas Lysaght, the father of the respondent, and the appellant Ann and several other children, hearing that the appellant Henry, whom he entertained at his house as a relation, (being his wife's nephew, and a lieutenant of foot,) had been privately making his addresses to the appellant Ann, in order to a marriage, severely rebuked her for admitting the same, and threatened, if he found she encouraged that affair, he would that instant turn her out of doors, and he, at the same time, forbid the appellant Henry his house.

Soon afterwards Mr. Lysaght made his will, dated the 24th of September 1724, and thereby devised the bulk of his real estate, which did not exceed £1875 per ann. to the respondent, and made the next immediate bequest to the appellant Ann in these words, viz.

Item, I leave and bequeath to my said daughter Ann Lysaght £2000 sterling, to be paid to her on the day of her marriage, or at the age of twenty-one years, which shall first happen; and in case my daughter Ann shall marry with the consent and approbation of Robert Oliver, Esq. Berkeley Taylor, Esq. John Croker, Esq. and my said son John, or any two of them, I further leave and bequeath to my said daughter Ann the additional sum of £2000 more, otherwise not: and for her yearly maintenance, I leave and order £120 sterling until her marriage, or that she attain to the age of 21 years, which shall first happen.

—The testator then bequeathed the like portion to his younger daughter Mary on the like condition, (which she afterwards performed,) and devised part of his real estate, of about £280 per ann. to his younger sons Nicholas and Arthur, with pecuniary legacies of £1000 to each of them; and, after making several other bequests, he ordered that the respondent should pay all his debts and legacies; and the better to enable him to do so, bequeathed to him his personal estate, amounting to about £12,000, and appointed the said Berkeley Taylor, John Croker, and the respondent, executors of his said will. And by a codicil thereto, executed on the 25th of August 1725, he added the said Robert Oliver, and also Bartholomew Purdon, Esq. as executors, and in a day or two afterwards died; whereupon the respondent solely proved the will.

[262] The appellant Ann coming of age in January 1725, applied to the respondent for both the said sums of £2000, alledging she was entitled to the same, though not married; but the respondent disputing this matter with her, and Henry Rose, Esq. a barrister at law, and a relation of the family, soon after coming to the respondent's house in the country, where the appellant Ann resided, it was referred to him, who gave his opinion that she was then entitled to the first £2000 and interest, but not to the additional £2000 until the condition preceding the bequest thereof was performed.

Notwithstanding this opinion, and the known aversion which the respondent had to a marriage between his sister Ann and the appellant Henry, and his having repeatedly refused his consent thereto, yet they were privately married some time in the month of January 1726. And in Michaelmas term 1728, they thought proper to file their bill against the respondent in the Court of Exchequer in Ireland, alledging