House of Lords Journal Volume 20: 19 September 1715

DIE Lunæ, 19 Septembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Daly et Ux. versus Lynch:

Whereas, upon hearing the Cause wherein Denis Daly Junior Esquire and Ellin his Wife were Appellants, and Mary Lynch Widow Respondent, on Wednesday the 17th Day of August last, this House did reverse the Decree in the Appeal complained of; and declared, "The Respondent ought to elect, whether she would insist on her Right of Dower; or waive her Dower, and claim a Moiety of the Estate of her Husband, after the Payment of Debts, Legacies, and Portions, according to his Will," and allowed her Time till Saturday the 20th of the same Month to make her Election; which Time was further enlarged till the Thursday after; but the said Mary Lynch, nor any on her Behalf, having appeared to make such Election, as above directed:

Judgement, Directions given.

It is therefore further Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mary Lynch do accompt, according to the Course of the Court of Chancery in Ireland, for all the Personal Estate and Profits of the Real Estate of George French her First Husband, which at any Time came to her Hands, or to the Hands of any other Person to her Use; and that, in the taking the said Accompt, the said Mary Lynch have all just Allowances; and that, when such Accompt is taken, as to what shall appear to be remaining of the Estate of the said George French, either Real or Personal, after what is sufficient to pay and discharge all Debts, Legacies, and Portions owing from, or given by, the said George French; the said Mary Lynch is well entitled to One full Moiety of the Rents and Profits of such Residue of the Estates Real and Personal, during the Term of her natural Life, by the Will of her said Husband George French; the said Moiety of the Rents and Profits to be computed and allowed to her from the End of One Year next ensuing the Decease of her said Husband George French: But if the said Mary Lynch shall, at any Time pending the said Accompt hereby directed, or before the Confirmation of the Report thereof, elect to waive the said Profits of the Moiety which she might claim by the Will of her said Husband; and insist, in the Court of Chancery in Ireland, on her Right of Dower; then the said Mary Lynch is hereby decreed to pay the Costs of the said Accompt, so far as the same shall have proceeded before she shall so make her Election; and that she be allowed One full Third of the clear Profits of the Real Estate of her said Husband, whereof she was dowable either by Law or Equity (without prejudice to the Point, whether the said Mary Lynch is dowable of the Estate whereof her said Husband was only seized as cestui qui Trust, by the Usage of Ireland, or the Course of Equity in that Kingdom in such Cases, which the Court of Chancery of Ireland is to determine, subject to any future Appeal); and if, on the Accompt to be taken as abovementioned, the said Mary Lynch shall not have received sufficient to satisfy what is above decreed to her, then the Residue of the Estate Real and Personal of her said Husband George French is and shall remain liable to satisfy and make good to her what shall so remain due: But if it shall appear, on such Accompt, that the said Mary Lynch is over-paid what shall be found due to her according to this present Decree, then the said Mary Lynch is hereby decreed to pay such Surplus so found due from her to the Appellants, and the Costs of the Suit below, and of this Appeal, other than as before is particularly directed shall be paid and deducted out of the said Testator's Estates so to be accompted for.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tricesimum diem instantis Septembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Veneris, 23 Septembris, 1715,
hitherto examined by us,

Clarendon.
Yarmouth.
Say & Seale.
A. Menev.