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proper conveniency of the lands which Elinor then held in dower. And the appellant likewise covenanted to give Francis his conveniency in and about the lands of Courtnabouly; but Francis having by some means delayed carrying the agreement into execution, and the appellant having been disposed to put Francis to further expence, he, on the 24th of June 1754, filed his bill in the Court of Exchequer in Ireland, against Francis Butler and others, for a specific execution of the said agreement of the 27th day of April 1753; and having dissolved the injunction obtained by Francis in 1750, in the Court of Exchequer, obtained judgment against Francis in November 1754, upon the action brought in the name of the appellant and Flood, as executors of Thomas Butler.

In the beginning of the year 1756, Francis and the appellant came to a second agreement, to adjust and accommodate all their disputes. And accordingly, an indenture of the 22d March 1756, was executed between Francis of the one part, and the appellant of the other part; whereby, after reciting that many suits, controversies, and disputes had theretofore subsisted between the parties, concerning the real fortune of Thomas Butler their father; and more particularly, that Pierse Butler, the eldest son of Thomas, together with the appellant, had, on the 27th of June 1754, filed their bill against Francis and others, to be decreed to two parts in three of all the real estate whereof Thomas died seised, which suit was still depending; and reciting, that to introduce harmony and brotherly love, and to put an end to such unnatural disputes, Francis and the appellant had executed the agreement of compromise of the 27th of April 1753; and also reciting, that the said agreement not having been carried into execution, the appellant did, on the 24th of June 1754, file his bill against Francis and one Joseph Robbins, esq. to carry the agreement of 27th of April 1753 into a specific execution; and that the said suit was then depending: It was witnessed, that finally to settle all such disputes and differences, and in execution of the said agreement, and also for the considerations in the said deed mentioned, he, the said Francis, thereby bargained, sold, released, and confirmed to the appellant one full third part of all the towns, lands, and premises, formerly the estate of the said Thomas Butler, situate in the said counties of Kilkenny and Tipperary, to be set out and divided in the manner therein-mentioned; to hold to the appellant, his heirs and assigns, freed and discharged from all incumbrances except one-third part of the debts of the said Thomas [388] Butler. And the appellant by the said deed, for the like considerations, granted, bargained, sold, and confirmed unto the said Francis, two-third parts of all the towns, lands, and premises, formerly the estate of the said Thomas Butler, situate as aforesaid, also to be set out and divided as therein-mentioned, to hold the same to and to the use of the said Francis, his heirs and assigns, free and discharged from all incumbrances made or created by the appellant, but subject to two-third parts of the debts of Thomas Butler that really affected same, and with which they were to remain charged, as thereinafter mentioned. And the said Francis Butler on his part nominated John Blake and Joseph Evans, and the appellant on his part nominated William Knaresborough and Thomas Scot, as persons duly qualified to divide and set out the said several towns, lands, and premises, according to quality and value, pursuant to the agreement aforesaid, but to suit the respective conveniencies of the parties (that is to say) two-thirds to be as convenient as might be to the said Francis Butler's house at Courtnabouly, and the other third as convenient and fitting as might be to the appellant's house or residence at Callan; and the parties covenanted and agreed with each other to stand by such partition. And the appellant also covenanted to indemnify Francis against the said Elinor's claim of dower, as to two-thirds of the said estates; and Francis in like manner covenanted to defend the appellant's third of said estates, against the claims of Elizabeth his wife, in case she survived him; and that if Francis should any way wilfully obstruct or delay the said division, to be completed in manner aforesaid before the 29th of September then next, that then the appellant should, instead of such third part, have, hold, and take to him, his heirs and assigns, the part of the said Thomas Butler's real estate in the county of Kilkenny, theretofore set apart, and then enjoyed by the said Elinor Butler, for her dower, free from all incumbrances, except the said dower, and a third part of the debts and incumbrances of the said Thomas Butler. And that the appellant, in his division, should have set out or allotted to him as part of his third, the said lands and premises demised