into a partnership; on the contrary it appeared that Croasdaile gave a consideration about a year and a half after, to be admitted sharer for a third part: And finally, because the agreement in 1696, was made at the earnest entreaty of Dr. Zachary Ormsby, and respondent Usher, with full notice of all the precedent transactions, and of the value of the premises; and confirmed by repeated acts of respondents, and all the parties concerned, during the space of thirteen years. (E. Northey. Spencer Cowper.)
The respondents, in affirmance of the decree, in addition to the facts stated by appellants, shewed that Sir Henry Wadington finding himself in a declining state of health, and intending that the works should be carried on after his death for the benefit of his children, who were all infants, pitched upon Croasdaile, a relation whom he had instructed and bred up in the business, and who had become very able and skilful in the management of the works, and all other his concerns; and by his will devised all his real and personal estate, in failure of issue in his own children, to Croasdaile and his heirs male; and therein particularly recommended to Croasdaile the management and overseeing his iron-works and other concerns, and left it to the rest of the executors to allow him what yearly salary they should think fit for his care and trouble therein; and gave him a legacy of 20l. for his last year's service, and directed he should have the allowances stated by appellants and then added,
If my kinsman, Thomas Croasdaile, should be so unkind and unconcerned for my family, as to refuse or neglect to manage the estate and iron-works, for the consideration aforementioned, or such other reasonable allowance [465] and compensation as my executors, or the greater number of them, shall agree to, or shall not give a just account of his trust, he cannot expect to deserve the kindness intended him in bringing him in, and entitling him to the reversion of my whole estate, real and personal, if all my children die without issue, and disappointing my heir at law:
And that Croasdaile, after Sir Henry's death, managed all the estate, and in 1692, instead of carrying on the works of Scarriffe he made a lease thereof to Emerton for thirteen years, at 500l. a year, and got lady Wadington to join with him therein, which was the only act he did as executrix: As to the works at Woodford, he insinuated to Lady Wadington and respondents, the daughters, that those works would be a loss to them if they should carry them on, and proposed to take a lease thereof, with other lands, at 80l. a year, although he told them, he believed it would break him if he should take it at that rent, but they rejected this offer; and finding himself disappointed, resolved to compass his ends by an underhand treaty with Emerton for his taking a lease at 150l. a year, but Croasdaile to go a sharer a third part; and Croasdaile affirmed to the respondents, the daughters, who were then under age, that it was a greater rent than any one else could or would give for same; and they trusting entirely to Croasdaile, consented, and accordingly the articles were entered into for a lease to Emerton of the iron-works and lands at Woodford for seven years, with a clause of renewal for seven years more: And that respondent Dorothy, whilst under age, was married to Colonel Tempest, whom Croasdaile got to sign the articles, though concluded previous to his marriage, and he no party; and though Croasdaile was entitled from the beginning of Emerton's lease to one-third part, yet the agreement between Emerton and him was postponed to be actually executed till the 14th of June, 1694, merely to colour the transaction: And that Croasdaile resolving to ingross the whole to himself, in Emerton's absence in England, made him uneasy at his works of Scarriffe, by distraining all his carriage horses for rent a few days after it became due; so that Emerton was resolved to get rid of Scarriffe, and, about October, 1696, offered 600l. to Croasdaile to accept a surrender thereof, which Croasdaile would not accept unless Emerton would surrender up Woodford works also, with a saving in such surrender for Croasdaile's third [466] part therein, which Emerton agreed to, rather than endure such hardships; and a surrender of both, with such a saving, was accordingly made: And that Croasdaile's being thus interested in a third part, rendered it impracticable to let the other two-thirds; wherefore Croasdaile, after Emerton's agreement to surrender, and before the surrender made, applied himself to Usher in Dublin, who was then married to Letice (Tempest and Dorothy being then, and for some years before out of the kingdom) that he might have a lease for 21 years of Woodford works, and the
374
