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Archiver > IRL-TIPPERARY > 2006-09 > 1157326907


From: "laraine dillon" <>
Subject: Re: [IRL-TIPPERARY] (no subject)
Date: Mon, 4 Sep 2006 09:41:47 +1000
References: <derryville$213.94.134.239$.000501c6cf82$073379f0$ef865ed5@YOURA9C5C808D4>


Hi please unscribe till further notice.
laraine in Oz

----- Original Message -----
From: "Mary Heaphy" <>
To: "Irl Tipp" <>; "County Tipperary"
<>
Sent: Monday, September 04, 2006 3:54 AM
Subject: [IRL-TIPPERARY] (no subject)


> 29-8-1844 Ireland
>
> The Roman Catholic Bequests Bill.
>
>
>
> You have been already furnished with tolerably numerous samples of the
> unfavourable opinion entertained of this measure by the Roman Catholic
> hierarchy, as well as by the subordinate clergy, but there is good reason
> for believing that if the sense of the laity were made know, it would be
> found to be highly favourable to the enactments of the bill in general,
> and
> to that clause (the 16th) in particular, which requires all wills or
> deeds,
> to be registered three calendar months before the death of the person, or
> persons, executing the same. The truth is, that it is this very clause
> which
> has excited the ire of Dr. McHale and his train of satellites, and has
> caused such rivers of ink to flow dennunciatory of the whole bill. An
> instance of the positive necessity of the enactment, guarded by such a
> provision as that which is specially objected to, will, in all probability
> ,
> shortly come before the public, the facts of which, as I am informed, are
> briefly these:'
>
> Some time since a man who had by a long and laborious life of unremitting
> industry amassed, in the humble capacity of a pedlar, a sum of 5,000s.,
> made, while in the enjoyment of full health , a will, bequeathing 3,000s
> of
> his property in legacies to the various Catholic Charities in his
> immediate
> neighbourhood , besides a donation to the county infirmary, which was, of
> course, open to patients of all religious persuasions. The residue of this
> property he willed to some poor relations. In the course of time the
> testator fell ill, and was attended in his illness by the Parish Priest,
> who, having discovered the disposition he had made of his property,
> persuaded the dying man to cancel the will, which he did, and execute a
> new
> one, in which he left the whole of his 5,000s. for the "Use of the
> Church",
> and to make assurance doubly sure, he was further persuaded to execute a
> power of attorney, , transferring the stock from his own name to that of
> two
> titular bishops, one of whom subsequently refused to take any part in the
> transaction. Scarcely had the priest left the sick bed, when the patient
> partially rallied, and expressed to a friend near him, his regret at the
> step he had just taken, and, feeling that his life was drawing to a close,
> he had merely strength to write a few lines to a relative in Dublin, who
> acted as a kind of agent, authorising him to resist the transfer of the
> stock, and declaring his wish that his property should be disposed of
> according to the terms of his original will. He died that day, but the
> letter thus written did not reach its destination until two days
> afterwards,
> and too late to be of any avail. The relatives of the deceased, however,
> determined not to let the matter drop, and legal measures are being taken
> for the recovery of their share of the money. But, in the event of their
> being defeated in the attempt , it is still considered a matter of doubt
> whether the second will can stand good, or whether the property may not be
> diverted to another and very different channel from what was originally
> intended; inasmuch as, in drawing up a fresh deed, and in naming the
> Bishop
> of the Diocese as the trustee, it was not stated whether the Bishop was
> the
> "Catholic Bishop" or the "Protestant Bishop" was meant ; and as the law
> did
> not recognize the title of the former "Catholic Bishop" , previous to the
> passing of the Charitable Requests Bill, the Protestant Bishop might
> fairly
> lay claim to the disputed property.
>
> Mary
>
>
> -------------------------------
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