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Marry his wife to hold her jointure of 2000 l. per ann. as if he was dead.
10,000 l. to be raised for his daughter Elizabeth.
550 l. per ann. to be appointed by next in remainder for securing said, portion.
Saving the rights of others.
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XIII. Provided always, and be it further enacted and declarer by the authority aforesaid, That Mary the wife of the said late duke of Ormond, notwithstanding her coverture, shall and may from the said tenth day of September one thousand seven hundred and fifteen, have, hold, receive, and enjoy the joynture of two thousand pounds per annum, provided; limitted, and secured to and for her, of, in, or out of any the lands, tenements, and hereditaments, of the said late duke, by the settlement made on her marriage, bearing date on or about the first day of August one thousand six hundred eighty five, and by two acts of Parliament made in Ireland, the one in the seventh year of the late King William the third, the other in the ninth year of the late Queen Anne, and saved and preserved to her in and by several other acts of Parliament made in England or Ireland, according to the true intent and meaning of the same; and employ, manage, and dispose thereof, for her own separate use, maintenance, and benefit; and that she and her trustee or trustees, shall and may sue for, recover, have, and take, all the remedies and advantages touching the same, as fully and effectually to all intents and purposes as she or they, might or ought to do, if the said late duke had not been attainted as aforesaid, and was actually dead; and that there shall be forthwith raised for and paid to Elizabeth Butler, the only surviving daughter of the said late duke, the film of ten thousand pounds of lawful money of Great Britain, being the portion intended to be raised for her by and out of the real estate of the said late duke; or some part thereof, by deeds dated the first of August one thousand six hundred eighty five, the sixth of May one thousand six hundred ninety five, or by the said act of Parliament made in Ireland in the ninth year of the reign of the said late Qneen, and in such manner as the same is thereby directed to be raised, and as the same might or ought to be paid if the said late duke her father had not been attainted as aforesaid, and was actually dead: and for satisfying and discharging thereof, it shall and may be lawful to and for the person and persons, who is or shall be next in remainder to the said late duke’s estate, expectant upon the decease of the said duke without issue male, to make such appointment of any part or parcel of the fee-farm rents late belonging to the said late duke, not exceeding together in the whole five hundred and fifty pounds per annum, to such person or persons as the said lady Elizabeth shall for that purpose in writing nominate or appoint, and to his or their heirs and assigns in trust for the said lady Elizabeth, her heirs and assigns, in satisfaction and discharge of the said ten thousand pounds, as the said late duke, if he had not been attainted, might by vertue of the said act of Parliament, made in Ireland in the ninth year of the reign of her said late Majesty Queen Anne, have made of one moiety of fee-farm rents amounting to eleven hundred pounds per annum; and such appointment, to be made pursuant to this act, shall be as valid and effectual to all intents and purposes, as such appointment, if the same had been made by the said late duke of such moiety before such attainder, and in the life times of the late duke of Beaufort, and the late earls of Rochester and Anglesey, in that act named, would have been, and the said late duke was now naturally dead; and that the said ten thousand pounds shall be taken to have been due and payable to her the said Elizabeth Butler on the eleventh day of September one thousand seven hundred and fifteen; and that the want of the consent of the said late duke to her marriage, in case the shall so marry, shall not in any wife prejudice her in her right to her portion; and that all and every term and terms of years of any the said lands and hereditaments granted to or vested by the said settlement, deeds, or acts of Parliament, or any of them, to commence from the death of the said late duke, for securing the said two thousand pounds per annum, or the said ten thousand pounds portion, shall be taken to commence, and are and is hereby enacted to commence, from the said tenth day of September one thousand seven hundred and fifteen, as fully as if the said late duke had been then naturally dead: saving to all and every person or persons, bodies politick and corporate, and to the heirs, successors, and assigns of every of them respectively (other than the said James Butler late duke of Ormond, and his heirs, executors, and administrators, claiming any thing in the said mannors, messuages, lands, tenements, and other the premisses, or any part thereof, only as heir or heirs, executors or administrators, and other than all and every other person or persons claiming or having any thing in the premisses, or any part thereof to his use, or in trust for him the said James, or his heirs, executors, or administrators, or by vertue of any such conveyance as is hereby declared to be fraudulent and void) all such estate, right, title, use, possession, interest, reversion, remainder, entry, conditions, fees, offices, rents, annuities, leases, commons, actions, suits, and all other hereditaments, and all actions and means to recover and obtain the same whatsoever, which they or any of them had or ought to have in the premisses, or any part thereof, at or before the said tenth day of September last, in as large and ample manner as if this act had never been made; any thing herein contained to the contrary notwithstanding.
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