Page:The English Reports v1 1900.pdf/590

issue, and the appellant.—Charles had issue only the respondent.—And Arthur, the youngest son, died without issue.

The first Earl Arthur being seised of several manors, towns, and lands in England, Wales, and Ireland, did, on the intermarriage of James, his eldest son, with Lady Elizabeth Manners, execute a settlement, dated the 18th of September 1669, by which he and his said son were both made tenants for life, with remainder to the first and every other son of James, the son, in tail male; with remainders over.

The third Earl James, after the deaths of his grandfather and father, levied fines and suffered recoveries of several parts of the estates; and being thereby seised in fee thereof, he made and published, at different times, two wills and six codicils, containing several repugnant and contradictory dispositions of his said estates; under some of which the appellant, and under others the respondent, would become entitled to the bulk of the estate, upon failure of issue male of Arthur, the last Earl of Anglesey.

For by the first will, dated the 14th of May 1701, he, inter alia, devised all those honours, manors, lands, tenements, and hereditaments whatsoever, in the kingdom of Ireland, of which he had levied any fine, or suffered any recovery, or of which he was seised in fee-simple, and could dispose of, to trustees; first to pay his debts, and after payment thereof, to his brother Arthur for life, who was afterwards Earl of Anglesey, and to his first and other sons in tail male; remainder to Richard Lord Altham, his uncle, the appellant's father, for life, and to his first and other sons in tail male; remainder to his other uncle Charles Annesley, the respondent's father, for life, and to his first and other sons in tail male; remainder to his own right heirs.

And by a codicil, dated the 23d of November following, reciting the above will, and that he did not intend to alter the same otherwise than by this codicil, and that he had since suffered recoveries of other parts of his estates; he devised all his [290] manors, lands, tenements, and hereditaments whatsoever, in England or Wales, of which he had suffered recoveries, or which were in his power to dispose of, to trustees, to the use of his brother Arthur for life; remainder to his eldest and other sons in tail male; remainder to such persons, and with such powers, as the estate by his said recited will devised to his said brother Arthur was appointed to go. He then devised all his manors, lands, houses, tenements, and estate in the county of Meath, and in the town of New Ross in the county of Wexford, to Arthur Lord Altham, for life; remainder to his eldest and other sons in tail male; remainder to the daughter and daughters of such son and sons, and to the daughters of the said Lord Altham, and the heirs of the body and bodies of all and every such daughter and daughters, share and share alike; remainder to his said brother Arthur for life; remainder to his eldest and other sons in tail male; remainder to the same persons, and with the same powers, as his other estate devised to him as aforesaid.

On the 9th of December 1701, the testator executed another will; and thereby devised all his estate in Ireland, of which he had levied any fine, or suffered any recovery, or of which he was seised in fee and could dispose of, to the same trustees as were named in the former will, in trust for the payment of his debts; and then to his brother Arthur for life; remainder to his first and other sons in tail male; remainder to Arthur Lord Altham, his cousin, for life; remainder to his first and other sons in tail male; remainder to Charles Annesley, his uncle, for life; remainder to his first and other sons in tail male; remainder to the testator's own right heirs.

And on the same 9th of December, the testator published a codicil; whereby, after reciting his first will, and his intention to provide for the payment of several legacies, and also for the more secure disposition of his real estate, some part of which he had suffered recoveries of since the said will; and after desiring that this codicil might be annexed to his said will, and taken as part thereof; he devised all his manors, lands, tenements, and hereditaments whatsoever, in England or Wales, to trustees, subject to his debts, to the use of his brother Arthur for life; remainder to his eldest and other sons in tail male; remainder to such persons, and with such powers, as the estates by his said recited will devised to his said brother Arthur, were appointed to go. He then bequeathed divers legacies to be paid out of his estates in the counties of Kildare, Armagh, and Tyrone, in Ireland; and devised the same estates, or such part thereof as should remain unsold, to the use of his