News: Court of Probate - DELANY vs DELAHUNTY, 5 Jun 1877
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Ireland Genealogy Projects Archives
Tipperary Index
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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.