I'm curious about the outcome, too! Sent from my iPad
> On 26 Jun 2021, at 8:51 AM, Dorothy Gaunt <gaun...@gmail.com> wrote: > > Do we know the outcome? > > Sent from my iPhone > >> On 26/06/2021, at 8:43 AM, Teena <4theloveoftyr...@gmail.com> wrote: >> >> 18 Feb. 1910 Remarkable Will Case >> Tyrone Man's bequests to Priests >> >> In the Nisi Prius court, Dublin, yesterday before Mr. Justice MADDEN >> and a city common jury, a probate action came on in which Patrick >> M'MENAMIN and Charles BROWN were plaintiffs and John CHRISTY >> defendant. >> >> The plaintiffs, executors, seek to prove the last will, dated June >> 17th 1909 of Patrick KIRK, farmer, of Lisdore, County Tyrone, who died >> on the 17th of the name month. >> >> The defendant is a farmer living at The Mills, Fyfin, County Tyrone >> and a nephew of the testator and he impeached the will on the ground >> that the testator at the time of the execution of the will had not >> testamentary capacity and did not know and approve its contents. The >> defendant relied on a will dated May 20th 1909, in which he was named >> as executor. The plaintiffs pleaded that this and two or three other >> previous wills had been revoked. >> >> Serjeant MORIARTY said the alleged will of the 20th May, 1909, had >> been made under extraordinary circumstances. It had been prepared by >> Mr. John CHRISTY and that he left himself £100 and the residue of the >> testator's property, which residue was about £2100, out of a total >> estate of £4,000. Plaintiffs repudiated that will, because it never >> was meant to be a testamentary deposition of his property. By the will >> of the 7th June, which he now sought to prove, the testator revoked >> all former wills and appointed the plaintiffs as his executors. To >> each of them he bequeathed £25 for their trouble and out of deposit >> receipts for £3,360 in the hands of the Rev. CONNOLLY P.P., and £500 >> in the hands of John CHRISTY of The Mills, he left £500 to the Rev. S. >> CONNOLLY, or his successor as parish priest, for parochial purposes >> and to the Rev. S. CONNOLLY £100 over and above the £500. He >> bequeathed the Rev. B. M'WILLIAMS C.C., Strabane, £100; to the Rev. >> Father O'NEILL £50 and to the Rev. P. TRACEY £50. He directed his >> executors to pay £10 "offerings" at his funeral and that a tombstone >> be erected over him at a cost of £25. He bequeathed to the Bishop of >> Derry (Most Rev. Dr. M'HUGH), £500; to his niece, Mary Ann BROWN £100; >> his niece, Catherine BROWN, £100; and his niece, Margaret BROWN, £600; >> to John CHRISTY £100; niece, Mary GRIEVE £50; to Margaret GRIEVE, £50; >> his niece, Anne DEVINE £50; his cousin, Nancy KELLY, £50 to Wm. ROUSE, >> who attended him, £100; to the Superioress of Nazareth House, Derry >> £50; to Patrick M'LOUGHLIN who attended him £50; to Bernard M'LOUGHLIN >> £50; to Margaret KIRK, £50; to John M'ANAW, £50, and to John DONAGHY, >> £100; and he directed his farm and stock to be sold by his executors >> and he bequeathed all the residue to his nieces, Mary, Catherine, and >> Margaret BROWN, in equal shares. >> >> Mr. Henry T. GALLAGHER, solicitor, Strabane, was the first witness. >> He said he did not know Patrick KIRK, the testator, until he went to >> his house the 22nd May, 1909. He went in consequence of a message from >> Mr. BYRNE, bank manager. He also went and saw Mr. M'MENAMIN J.P., and >> on his way to KIRK'S house, he was preceded by two policemen. >> Testators house was a thatched house, very ricketty. One part of it >> had been turned into a hennery and the bed was in a hole in the wail. >> (Laughter.) There were only three chairs in the house and but one >> room. He put two people outside who were with KIRK when he arrived, >> because there was only one room. He placed his clerk in a chair at the >> door to keep it shut, as it could not be fastened otherwise. KIRK told >> him he had three deposit receipts amounting to over £3,000; that these >> had been endorsed to Father CONNOLLY; and that Mr. CHRISTY also had >> £500 of his on which he was drawing. He told witness also that he had >> signed "several things." Witness asked him did he want to make a will >> and he said "yes, but they told me I could do no more." Witness asked >> who he meant by "they," and he answered "Father CONNOLLY and John >> CHRISTY." He seemed to think that having endorsed the deposit receipts >> he could not make another will, but witness told him he could still >> make a will and then took his instructions. He said he wanted £900 >> left to Father CONNOLLY for parochial purposes and £100 for Father >> CONNOLLY himself personally. Afterwards he altered that £900 to £500. >> Among other things, he said he wanted to leave £500 to the Bishop. >> Witness asked what that was for. He said, "Leave it to the Bishop, and >> he will know." To his niece Margaret, who he said was a bit weak >> minded, left £600. He left to John CHRISTY, £100. He also left the >> land to the Misses BROWN. There were several other legacies, including >> for the Nazareth House, and smaller sums to clergymen and relatives. >> Witness described drawing up three wills for KIRK, the last being on >> the 7th June. The testator was then quite clear. Witness heard of his >> death on the 17th June. >> >> Mr. SULLIVAN - Did you ever know a man who had such a taste for making >> wills? - l did. (Loud laughter.) >> >> It is not an isolated case? It is epidemic? - l have one client who >> has made twelve wills in two years. (More laughter.) >> >> Having no relatives with very strong claims on him, he selected >> different objects for his bounty? l take it from you, that is what he >> did. >> >> Did he know that when you first went to see him that he had made a >> will? He thought he had made something in the nature of an >> assignment, but I explained to him that a will did not take effect >> until after his death. >> >> Did he convey to you that what he had done was done under compulsion? >> Certainly. >> >> Was it his anxiety that you should make a will for fear CHRISTY, who >> was not a professional man, had bungled it? - He was not altogether >> content with what he had done. >> >> Mr. Justice MADDEN - What is Mr. CHRISTY? >> Mr. SULLIVAN - He is a miller. >> Mr. MADDEN - He appears to have done very well for a non-professional >> man. (Laughter.) >> The Court adjourned. >> >> Transcribed by Teena from the Northern Whig >> -- >> www.cotyrone.com >> http://lists.cotyrone.com/mailman/listinfo/ulsterancestry >> https://www.facebook.com/groups/CoTyroneIrelandGenealogy/ >> _______________________________________________ >> UlsterAncestry@cotyrone.com >> UlsterAncestry Mailing List Searchable Archives: >> https://www.mail-archive.com/ulsterancestry@cotyrone.com/ >> https://lists.cotyrone.com/mailman/listinfo/ulsterancestry >> Website: https://cotyrone.com >> Facebook: https://www.facebook.com/groups/CoTyroneIrelandGenealogy/ > _______________________________________________ > UlsterAncestry@cotyrone.com > UlsterAncestry Mailing List Searchable Archives: > https://www.mail-archive.com/ulsterancestry@cotyrone.com/ > https://lists.cotyrone.com/mailman/listinfo/ulsterancestry > Website: https://cotyrone.com > Facebook: https://www.facebook.com/groups/CoTyroneIrelandGenealogy/ _______________________________________________ UlsterAncestry@cotyrone.com UlsterAncestry Mailing List Searchable Archives: https://www.mail-archive.com/ulsterancestry@cotyrone.com/ https://lists.cotyrone.com/mailman/listinfo/ulsterancestry Website: https://cotyrone.com Facebook: https://www.facebook.com/groups/CoTyroneIrelandGenealogy/
