IRISH ROMANCE.

New Zealand Herald, Volume XLV, Issue 13722, 11 April 1908, Page 2 (Supplement)

IRISH ROMANCE.

OLD LADY OF 90 CLAIMS RICH ESTATE. / As'; interesting lawsuit concerning the enormously valuable Magan estate --will shortly come before the: Irish courts. The property is estimated at the present time to be worth £10,000 a year in rental, and £80,000 invested in various securities. One member of the family, Mr. William Magan, was at one time member for Westmeath and High Sheriff of the county.. The present suit arose out of a will made by Miss Augusta Elizabeth Magan, a charitable but eccentric lady, who died in October, 1905. She lived for a great many years in a mansion in Stephen's Green, also in several country houses, including residences at Dunboyne, Greystones, and in Westmeath. The will, on which the case turns, set out that Miss Magan left all her freehold and real estates to her heir or heiress-at-law, and several small bequests to friends, including £500 to " Lady Countess Errol." Then came this provision :— " 1 leave them (the executors) the residue of my personal estate to build, or assist in building hospitals, to be vested in such persons or corporation as the law permits. One hospital to be erected to the memory of my mother, the other to the memory of Dr. Fleming, and the third to the memory of Colonel. Richard W. Bernard, all to be constructed in Ireland, and to be used as ordinary hospitals, and managed accordingly. I make this will in pursuance of the power contained in my mother's will." The will was found amongst a heap of old papers. There is no doubt of its authenticity, for it has been duly proved in the courts. Immediately after her death, Captain Arthur Magan, the defendant in the present case, who had been living out of Ireland, entered into possession of the estate and property generally. He claimed, and the claim is not disputed, to be the descendant of Thomas Magan, uncle on the paternal side of the mother of Miss Magan, the fourth son of Arthur Magan, sen., who died in 1808, and under whom the parties to the present litigation—Colonel Gore and Mr. T. Tight Meeredyderive their claim. FATHER OF TWENTY-ONE. A new claimant to the estates has now turned up in the person of Mrs. Joel Bartlett, of Branscombe, South Devonshire, a lady of over 90 years of age, who claims that "she is the daughter of Arthur Magan, the third son of Arthur Magan-, sen., through whom Captain Magan claims. | She says that as the daughter of the third son she has priority over the descendant of the fourth son. _ *■ Arthur Magan, sen., who died in 1808, had no fewer than twenty-one children, but the only members of this big family —a largo number of whom died young— with which this case can be concerned are the four eldest—Edward, born in 1789, William Henry, born in 1792, Arthur, born in 1794, and Thomas Tilson, born 1798. Of these, Edward, the eldest, died leaving no children. William Henry married, in 1817, the widow of a Colonel Allen, and had as sons William Henry and Loftus, besides one daughter, Elizabeth Georgina Magan, whose daughter's will has' given rise to the present litigation. Captain Magan, who is now in possession, has been found to be the descen- , dant of Thomas Tilson Magan, who was the fourth son of the original Arthur, and as such he claimed and took possession of the estates. This claim was of course based on the assumption general in tho family that Arthur Magan, the third son, had left no children living, this fact being clear in the case of the first and second sons. It was found that Arthur, jun., married, and had one child, but it was believed that this child, a girl, was long sirec' dead. From the public records it was ascertained that Arthur went into the Royal navy in 1807, being then, fourteen years of age, and left it in 1814, that he had married Mary Anne Smith, had only this one child, and died in 1868. In February, 1840, his daughter married at Brighton a surgeon of the Royal navy named John Henry Brummell. They were divorced the same year. Surgeon Brummell died at Cape Coast Castle on June 10/1848. The records were searched for evidence of the death of Mrs. Brummell (Georgina Magan), but it is alleged there was no record of it in Somerset House. Search was then made as to whether she had subsequently re-married, and it was found that she was married" in 1854 to John Rofe,' at Newlington;Surrey. It was also found that Rofe died in 1882 at Sutton Grove, North Carshalton. At Carshalton, an old man, named John Leper, was discovered, who recollected Mr. Rofe. He had lived next door to him, and gave further information as to Mrs. Rofe. He said she had gone to reside in Devonshire. He added that she had a daughter, Mrs. Toppin, who owned a house in the district. Mrs. Toppin was found, and related that her mother was still living. She was a Miss Magan, who had married three times, and her present husband war, Mr. Joel Bartlett, who resided at Branscombe, South Devon. The third marriage took place in 1893. Mrs. Joel Bartlett was discovered, and stated that she perfectly remembered everything relating to her family affairs, and though very old she was able* to tell the dates of her three marriages. She produced a photograph of her father, Arthur Magan. She stated that she had seen something about the death of Miss Magan in the papers, but did not trouble to take any steps in the matter, as she herself was very old and did not attach much importance to money. The case will first come before the court for the appointment of a receiver over the estates pending the trial of the issue as to who is the person entitled to the property.