Theobald Butler, appellant. Dame Penelope Prendergast, widow, Sir Thomas Predergast, baronet, an insant, son and heir of Sir Thomas Prendergast, deceased, (by the said Dame Penelope, his mother and guardian) and the Right Honourable William Earl Cadogan, James Dawson, Esq; and Jeffery Prendergast, Esq; executors of the said Sir Thomas Prendergast, deceased, respondents. The appellants case.