ESTATE DISPUTE

New Zealand Herald, Volume LXXIII, Issue 22585, 25 November 1936, Page 17

ESTATE DISPUTE

FAMILIES AT LAW EARLY AUCKLAND EVENTS MEMORIES OF WAITANGI Events dating back to the earliest days of Auckland nearly 100 years ago were again referred to in the Supreme Court yesterday during the further hearing of an action to determine the distribution of an estate. The estate, which is valued at about £2OOO and includes a section in Durham Street, was bequeathed by Thomas Davis in a will made by him in 18-17 to his daughter, Mrs. Mary Ann Murphv, who lived until 1910.

The action was brought by three brothers, Michael Henry Murphy, of Wanganui, Theodore Murphy, of Auckland, and Thomas Aquinas Murphv, of Palmerston North (Mr. Ziman), against Mrs. Kllen Mudford, formerly Murphy, of Auckland, widow (Mr. Sullivan and Mr. "Winter), and the Public; Trustee (Mr. Cocker). The plaintiffs claimed that Mary Ann Davis was married to John Ryan by Bishop Pompallier in 181*2 and that they were their descendants. It- appeared that about 18.")2 Ryan left his wife, and she formed in 185") an alliance with .Edward William Murphy, by whom she had seven children. One of these is the defendant, Helen Mudford.

Questions lor Court The legal position was that if a marriage between Mary Ann Davis and John Ryan could be established, then only the descendants of that marriage would share in the estate, but if there was no such marriage then the Murphy descendants would also share equally. The Court was asked to decide whether Mary Ann Davis and .lolin Ryan had been married, and who are entitled to share in the estate. Continuing her evidence, Mrs. Laura May Murphy said that her grandmother, Mary Ann Murphy, had been at the signing of the Treaty of "Waitangi and used to speak to lier about it.

In cross-examination witness said she had always maintained that her grandmother was married to Ryan. Ryan was a servant of Bishop Pompallier and used to drive him about. "Witness expressed surprise at being shown her signature to a document of 1929 which stated that the signatories did not know whether Mary Ann Davis and Ryan had ever been married. She said she had no recollection of having signed it. Later witness said she remembered signing but she was not aware of the contents of the paper. Theodore Murphy, a grandson of Mary Ann Murphy, said she had told him she was married at Kororareka, and was present at the signing of the Treaty of Waitangi.

Children Brought Up Together Mr. Sullivan said lie was representing what was known as the Murphy section of the family. The Ryan and the Murphy children had been brought up together in the early days, and it had always been accepted among the family that Ryan and Mary Ann Davis had not been married. The defendant's case was that no such marriage had been proved.

A grandson of Mary Ann Murphy, Herbert Rudolph Stowell, said the old lady told him that her father was a very harsh man and had been a gaoler at Parramatta. After he had struck her on one occasion she ran away with John Ryan and ho took her to Rivcrliead. That was in the year before Governor Hobson died. The old lady said that Ryan treated her shockingly. Sho was present at the arrival of the first two emigrant, ships, the John WicklifTe and Jane Gifford, in October,*lS 12. She said she was never married to Ryan, who was an elderly man. Her father never spoke to her after she ran away with Ryan. Two grand-daughters of Mary Ann Murphy both said their grandmother had told them she was not married to Ryan. Mrs. E'len Mudford, aged 77, said she was the only surviving child of Mary Ann Murphy and Edward "William Murphy. She also stated that her mother had said she was not married to Ryan. This completed the evidence and legal argument will be lieard to-day.