News: Court of Probate - DELANY vs DELAHUNTY, 5 Jun 1877

***********************************************
Ireland Genealogy Projects Archives
Tipperary Index
Copyright

************************************************

File contributed by: Mary Heaphy

COURT OF PROBATE - DELANY VS DELAHUNTY, 5 JUN 1877
    The Freeman's Journal.
  
  Court of Probate.  
  Before Judge Warren and a Common Jury.
  
  Delany versus Delahunty.
  
  This was a suit to establish the will of the late Patrick 
Delany, farmer, who resided at Castlequarter, Borrisoleigh, 
in the County of Tipperary , who died in August last, at the 
age of 80 years, leaving £300, the price of his farm, which 
he had sold shortly before his death.
  
  The plaintiffs were the three children of the deceased 
brother of the alleged testator, and the defendant, the 
personal representative of his widow, who died after the 
testator, but prior to the commencement of the suit. The 
alleged will left the property in equal parts to the three 
plaintiffs. It was disputed on the usual statutory grounds, 
fraud being charged against the plaintiffs, but the case 
turned on the question as to whether the testator was of 
sound memory and understanding at the time of the execution 
of the will. For the plaintiffs several witnesses were 
examined and proved the due execution, and alleged that the 
testator was perfectly competent when he executed it. 

For the defendant, Dr. Taylor was examined, and deposed that 
he saw the deceased a short time before the execution of the 
will, he had been attacked with a apoplectic stroke, and was 
in a state of semi-stupor, and, in his opinion, incapable of 
executing any document at that time: witness did not see him 
on the day the will was executed. The Jury, without a 
moment's hesitation found for the Plaintiffs. Judge Warren 
allowed the defendants £15 costs.