NEW ZEALAND’S TWO WIDOWS

Otago Witness, Issue 3661, 13 May 1924, Page 69

NEW ZEALAND’S TWO WIDOWS

OTAGO FAMILY'S CLAIM. * (From Ou.u Own Corhespondent.) LONDON, March 20. A strange story was told in the Dublin Probate Court last week wlen an application was made on behalf of William Moylan, of South Hillend Cottage, Otago, New Zealand, for an order recalling the grant of administration of •he personal estate of Michael Moylan, granted to May Moylan, Trim, County Meath. Counsel said thot some years before his death Michael Moylan lived in New Zealand, tout he died in Ireland. On the 10th May, 1912, Michael Moylan made his will, and he died at Trim., County Meath. On the 16th May, 1922, probate of the will was granted in New Zealand to one of the executors named in the will, the son of the deceased William Moylan. The point of the case was that shortly after Michael Moylan made the will in 1912 (he had been living for some years in Ireland previous to his death), a- lady who, after his death, pretending that she was his widow, obtained, on the 31st August, 1922, a grant of probate intestate from his Lordship's Court The present application was to set aside 'that grant Counsel said that under the New Zealand will lire deceased made provision for his v-ife, Mary Moylan, who was not the lady in Trim.

In an affidavit William Moylan, of South Hillend, in the provincial district of Otago, farmer, stated thot he was the lawful son of Michael Moylan, formerly of South Hillend, New Zealand, and late of Clonfane, near Trim, in the County Meath. The deceased made his last will and testament on the 10th May, 1912, in New Zealand. He died at Clonfane, near Trim, on the 16th May, 1922, and probate of his will was. on the 26th February. 1923, granted to him (deponent). His late father left New Zealand in May, 1912, and proceeded to Ireland, end when there he resided with a woman, who passed as his wi-l'e, by the name of Mary or May Moylan. Subsequent to the death of his father on the 10th October, 1922, letters of administration intestate of the personal estate of his late father, described as of Clonfane, Trim, retired publican, were granted to May or Mary Moylan, she having 6w&rn that she was the lawful widow of the deceased, whereas his lawful widow, his (deponent’s) mother, Mary Moylan, was then, and is now, alive, and residing at South Hillend, New Zealand. The estate of the deceased, so far as could be ascertained, consisted of farms, chattels, property in New Zealand, and in England, £1504 Is, being £ISOO on short deposit, with the National Bank of New Zealand, and £4 Is credit on current account with the bank. Part of the estate of the deceased consisted of personal property in Saorstat Eireann, and he (deponent) was desirous of obtaining a grant of administration, with his last will annexed.

The" next affidavit which counsel opened was by Mary Moylan, of South Hillend, New Zealand, who stated that on August 31, 1878, eh© was lawfully married to Michael Moylan, deceased, at tlie Church of the Blessed Sacrament, Christchurch, New Zealand. Subsequent to the marriage she and her husband resided in New Zealand, and there were seven eons and three daughters, children of that marriage, now alive and resident in New Zealand. In the year 1912 her husband went to reside in Ireland, and lived with a lady as his wife, and died there on May 16, 1822. This lady was not his wife, and she (respondent) was his lawful wife.

Counsel read a further affidavit by William H. Spence, of 11 Westmoreland street, Dublin, who, acting under power of attorney of William Moylan, caused to be issued a citation directed to May Moylan, of Clonfane, Trim, to shew cause why the grant of letters of administration of the personal estate of the deceased should not be revoked.

May Moylan, counsel proceeded, had put in an affidavit, staling that on July 19, 1913, she was married in London to Michael Moylan, deceased, by Father Kelly, 0.5.A.,* since deceased, and the witnesses -were George Adams, now deceased, and Annie Murphy, at present residing in America. She lived with him as his lawful wife, and there were four children of the marriage. Michael Moylan, she stated, always represented to her that he was a widower, but had a family in New Zealand. They lived in London till 1919, and the deceased purchased a farm, on which they resided, and in which she now lived, at- Clonfane, near Tram, ana she believed tbat she was the lawful widow, and entitled to the grant of administration. Counsel said that, assuming that such a marriage took place in London, it would be a bigamous marriage, and void in law; but his client had made inquiries, and as a result of investigations at Somerset House, London, no record oould he found of any such marriage during the period from January, 1913, to December, 1914. At St, Monica’s Priory, Hoxton Square, London, inquiries were also made of the priest in charge, but the marriage did not appear in the register of marriages kept at the church. Mr Murnaghan said that if this marriage in London really took place in 1913, it would revoke any previous will, and the whole question, therefore, was whether this lady was properly married to the deceased Michael Moylan. Mr Justice Dodd: How could she be married if the wife was living in New Zealand Mr Mnrnagban said that what was represented to her by the deceased was that he was a widower. It was a curious thing that a man should leave New Zealand in 1912, and his wife never hear any more about him. He came over there apparently as a widower, and there might have been some irregularity about the first marriage as easily as about the second marriage. But the court could not deal with that there. Mr Justice Dodd: I hove here the marriage certificate of the marriage in New Zealand, and where is your certificate? Mr Murnaghan: I have not got it. Mr Justice Dodd said that he did not think that Mr Munnaghan had a fighting case. He made an order setting aside the grant of letters of administration to May Maylan, of Clonfane, Trim, and gave liberty to tbe executors named in the will dated May 10, 1912, to apply for probate of the will.