case Charles Macarty appellant John baily respondent saint April the  determination of the trustee of the Irish forfeiture be bind and conclusive to  all party and no appeal lie from it a private case of little interest or  importance Charles oge Macarty be before the year seize in fee of the land in  question among other and by a limitation in his marriagesettlement make in  these land on failure of issue male of his body be to come to Charles Macarty  the appellant father by the act of settlement make in Ireland in the year the  say land together with several other forfeit estate in the barony of Muskry in  that kingdom be vest in king Charles two and by a clause in the act of  explanation make in the same be to be set out and grant to Charles James  Macarty then Lord Muskry a infant in tail male with remainder in tail male to  Donogh then earl of clancarty Lord Muskrys grandfather with a remainder over  to the earl right heir and it be by that act express provide that the say earl  Donogh or Helen then countess of clancarty if she survive the say earl shall  by way of lease or rentcharge for year or otherwise as to he or her shall seem  meet afford such relief out of the premise to the former proprietor as he or  she shall find do best merit the same and what he or she shall do therein be  by the say act make good and valid in law soon afterward both the earl and  Lord Muskry die and thereupon Callaghan the second son of earl Donogh become  earl of clancarty brown in Charles oge Macarty die without issue leave David  Barry his nephew and heir at law who soon afterward prevail upon earl  Callaghan to grant he a lease date the that of January of the land in question  for year but in this lease there be a proviso or condition that if it shall  afterward appear that any other person by virtue of any deed of entail or  otherwise ought to have or be entitle to the inheritance of the say premise  after the death of the say Charles oge without issue male of his body have  there be no forfeiture of the same then the say lease shall be void in the  year Charles Macarty the appellant father exhibit his bill in the court of  chancery in Ireland against earl Callaghan and the say David Barry pray that  the earl may be decree to make he a lease of the say premise but the Lord  chancellor think he have no power to make such a decree dismiss the bill in  pursuant to a order of the king and Council in England and another brown er p  order of the Lord lieutenant and Council in Ireland find on a report of sir  John temple then solicitor general in Ireland the say countess Helen who have  survive earl Donogh be alone authorize by the say act of explanation to make  lease of the premise to merit person and to judge and determine who be such  together with countess Elizabeth the mother and guardian of the then earl of  clancarty by deed recite the proviso in the act the settlement of that the say  Charles Macarty be a merit person and that the land in question ought to have  come to he by the say settlement do in pursuance of the say act and order  demise the say land among other to the say Charles Macarty for a term of year  for some time after the grant of this lease the possession of the land be  dispute the say David Barry sometime receive the rend and at other time the  say Charles Macarty but in the year Macarty obtain quiet possession and so  continue till the year when he be forcible evict by the respondent under  colour of his have get a assignment of barry lease the inheritance of the  premise become afterward vest in the trustee for the sale of the Irish  forfeiture by reason of the earl of Clancartys attainder the say Charles  Macarty claim the benefit of his say lease before the say trustee and obtain a  decree accord the respondent counterclaim of the benefit of barry lease be at  the same time dismiss on full hear in consequence of this decree Macarty bring  his ejectment and obtain a verdict and judgement whereupon the respondent  exhibit his bill in the court of chancery in Ireland to be relieve against  this verdict pen this suit the say Charles Macarty die have make his will and  thereof appoint the appellant his son executor brown and the cause have be  duly revive against he come on to be hear in December when the chancellor  assist by the Lord chief justice doyne and Mr justice Upton be please to  decree a perpetual injunction to stop all proceed at law upon the say  judgement in ejectment or otherwise on the defendant title from this decree  the defendant appeal insist S Dodd that the determination of the trustee be  bind and conclusive to all party the matter be undeniable subject to their  jurisdiction and no appeal lie from they to the chancellor that his lordship  can not examine alter or control what countess Helen have do she be in that  particular sole entrust by the parliament and he may as well assume a power to  repeal the act as establish barry term and set aside Macartys lease but  suppose that barry lease have be of any validity yet it be total defeat and  avoid by the condition thereunto annex on the other side it be argue saint I  Broderick r turner that if the lease grant to Macarty have be make to Charles  oge himself as it ought to have be there can have be no colour for the dispute  that the restriction or proviso in earl callaghan lease ought to be deem void  because he have no power by the act to make any for it be his and countess  Helen own fault that the lease be not make to Charles oge who live eight year  after the act of explanation pass and for the same reason the lease make by  countess Helen in to the appellant father ought not to stand that the  dismission of the respondent claim by the trustee ought not to prejudice he  because their power be only to determine encumbrance on the forfeit estate but  not to who such encumbrance if controvert shall belong but after hear counsel  on this appeal it be order and adjudge that the decree therein complain of  shall be reverse and that the respondent bill in the court of chancery in  Ireland shall stand dismiss out of that court jour vol p brown er p