A DISPUTED WILL

Evening Post, Volume LXXXVIII, Issue 32, 6 August 1914, Page 2

A DISPUTED WILL

APPLICATION FOR PROBATE. An application for probate on the will of Thom.uJ Francis WaUh (deceased), a farmer of Hurleyville, Ta-rannki, ca-mo before Mr. Justice Edwards at the Supreme Court to-day. Tho proceedings were taken under the provisions of the sections 27 and 28 of the Administration Act. 1908. Deceased was unmarried, and big nearest blood relations were, so far as coukl be gathered, a tframlmother, residing At County Keify, in Ireland, five uncles, and four aunts. The will was executed just before the testator's death. It wa« a Very short document, and contained the following clause :—"ln: — "In case anything should happen me on my way to the hospital, I ]>a.ye all my estate's and stock to my uncles and aunt. . . ." The will \Vft S( signed by a mark only; not that deceased was illiterate, but because he was too.woak to sign hits name. Evidence was tpndeiod by Dr. ftttult to the effect that about the time tho will was made deceased war, perfectly rational, and did not portray the leav.'t .aberration or wandering of intellect. There was evidence to show that beyond all doubt Walsh's directions were purely voluntary, and did not come from any suggestion of those who were present iincl attested the document. Deceased assets were given as £8454 and the liabilities £450. Mr C. B Morison, K.C., with him Mr J. w. Macdonald. appeared for the Public Trustee in support of tho application, and also for Mcem-s. Thomas, James, John, nnd limothy Walsh, paternal uncles of the deceased. Mr. C. P Skerrett, K.C., and Mr. J. L. Stout represented the grandmother (Julia Courtney), decea-sed's next of kin, and the following maternal aunts and uncle :— Julia Fitzgerald, Bridget O'Rourke, Nelhe Brosnahan, Margaret Sullivan, and Patrick Courtney. Mr. Morison, in his Opening address, said there had been considerable misunderstanding, and that had been the whole cause of the trouble. He thought he would be able to convince the Court and everybody in it that the will was quite a legal document, and so bring the membere of the two families together once agaiu. Evidence was then called. (Proceeding.)