Page:The English Reports v1 1900.pdf/271

son, Earl Henry, after he came of age, married Alice Moore, one of the Earl of Drogheda's daughters; and, in 1675, died without issue, before Earl James's debts were paid: And that his brother Hans died long before without issue: And that the Countess Alice set up a title to the whole estate, under some will or disposition made by Earl Henry: And that the eldest sons of the five uncles, at the time of Earl James's will, were James Hamilton, of Neilsbrook, son of the eldest uncle; Archibald, son of the second; Sir Hans of the third; James Hamilton, of Bangor, (appellant) of the fourth; and Patrick Hamilton, of the fifth uncle; and that these five met soon after Earl Henry's death, at Sir Hans Hamilton's house, to concert what methods to take, and that Sir Hans and appellant, James, persuaded the other three, that Earl Henry had suffered a common recovery of all the estate, (except Countess Ann's jointure, and some old freeholds,) and had given all away to Countess Alice; but yet that would not hurt their title under the will: And that be had good advice, that it was not in Earl Henry's power to bar their estates: And that it was thereupon agreed at the desire of Sir fans, that appellant, James, should be their agent, and take advice, and do what was most for their advantage, [214] he taking Sir Hans advice, and the suits and proceedings to be at the joint charge of the five, and appellant was to be allowed 10s. a day for his expences: And that the bill to perpetuate was accordingly filed; and that Countess Alice preferred her bill, to set aside Earl James's will: And that Sir Hans, appellant James, Archibald, and Patrick, answered jointly, and James, of Neilsbrook, separately, as shewed by appellants: And that Sir Hans and appellant James, 24th June, 1676, wrote to William Hamilton, at Edinburgh, James of Neilsbrook's brother, that they wore in suit for the Clanbrasil estate, whereof his father's family was to have an equal share; but that his brother James was doubtful to proceed, and desired him to haste over to settle matters, that they might bring it to a happy issue: And that William wrote back to them his fears of their agreeing for themselves, and persuaded his brother to join with them, which he did: And that thereupon Countess Alice offered James, of Neilsbrook, 500l. a year, and above 1000l. to pay his debts, if he would not join them; which he not only refused, but also persuaded his niece Hog, one of the heirs at law, to break an agreement, made by her husband with the Countess for her interest, and to part with it to the five: And that thereupon Sir Hans and appellant James, entered into an agreement with the heirs at law for the use of the five: And that there were several cross suits, wherein all the five insisted on the title by the will: And that pending these suits, Countess Alice married the Lord Bargeny, and died in 1677, having previously settled the estate as shewed by appellants, but with a remainder to the Countess of Dalhousy, her sister: And that after her death, the five got possession of the two Mansion Houses, and procured the tenants to attorn, and agreed that Sir Hans and appellant James should prosecute their joint affairs as formerly, and end them by law or accommodation; and that each should advance 40l. for the future expences; and that William Hamilton advanced 100l. on his brother James of Neilsbrook's account: And that Sir Hans and appellant James finding the Moore's were endeavouring to win Lord Bargeny to their interest, they on the other hand endeavoured to win him over, and at length did so; and that Sir Hans wrote two several letters, dated 30th January, and 2d February, [215] 1677, to a Mr. Kennedy, a person appointed by the fire, to assist appellant James, and one to James, of Nealsbrook, that he had agreed with Lord Bargeny, and valued himself and his interest thereupon; and that the Moore's interest was much weakened thereby; and that things were like to be brought to a happy issue: And respondents shewed further, that Henry Moore, in February, 1677, preferred a bill against the five Hamiltons; and that Sir Hans and appellant James, 8th May, 1678, in name of the five Hamiltons, preferred a bill against Henry Moore and the other pretenders, to the effect of their former bills against Countess Alice: And that Sir Hans and James, of Bangor, only, being in Dublin, 9th May, 1678, answered Henry Moore's bill, and insisted on the title by the will; and that the five, and not Henry Moore, had the right and possession; and on the day following, 10th May, 1678, purchased Henry Moore's interest for 2400l. and that this was kept a secret, even from Mr. Kennedy, and then appointed the other three to meet such a day, at Sir Hans's house, to receive a satisfactory account of matters; but before they came, Sir Hans and James had gone to Lord Bargeny's, and had