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 The plaintiffs pleaded that this and two or three other previous wills had been revoked.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/
