Mahony v Donovan

• Jurisdiction: Ireland
• Judgment Date: 22 June 1863
• Date: 22 June 1863
• Court: Rolls Court (Ireland)

Rolls.

MAHONY

and

DONOVAN.

Chapman v. Hart 1 Ves, 207.

Popham v. Aylesbury Ambl. 68.

Arnold v. Arnold 2 M. & K. 365.

Parker v. MarchantENR 1 Y. & C., C. C., 304.

Magee v. ChapmanENR 29 Beav. 207.

Swinfen v. SwinfenENR 29 Beav. 291.

Creagh v. CreaghUNK 13 Ir. Ch. Rep. 28.

Gover v. DavisENR 29 Beav. 222.

Stafford v. Berridge 1 Eq. Cas. Abr., pl. 14.

Roberts v. KuffinENR 2 Atk. 113.

Lamphier v. Despard 2 Dr. & War. 59.

Gibbs v. LawrenceUNK 7 Jur. 137; S. C., 30 L. J., N. S., Ch., 70.

Strafford v. Berridge 1 Eq. Cas. Abr. 201, pl. 14.

Sanders v. Earle 2 Ch. Rep. 98.

Roberts v. KuffinENR 2 Atk. 113.

Lamphier v. Despard 2 Dr. & War. 59.

Gibbs v. Laurence 7 Jur., N. S., 137.

Timbrell v. PickeringENR 2 Atk. 103.

In the goods of S. H. Ludlow 1 Swa. & Tr. 29.

Hutchinson v. SmithUNK 1 New Rep. 513.

Swinfen v. SwinfenENR 29 Beav. 207.

Chapman v. HartENR 1 Ves, sen. 272.

Gover v. DavisENR 29 Beav. 222.

1863. Rolls. ROSSITER V. ROSSITER. Judgment. 262 CHANCERY REPORTS. be made evidence ; but it is said that there is no such registry in the parish of Graige. It would not, I think, be reasonable, at this stage of the proceedings, to admit the unsatisfactory eviÂdence contained in the affidavits recently filed. April 18, 20. June 22. Bequest of TErE lkev. Charles O'Donovan made his will ; the material portion. "all my right and title to my of which was the following :- property in the "I, Charles O'Donovanparish , Roman Catholic clergyman of the p town of R., namely, my of Rathcormack, barony of Barrymore, and county of Cork, being dwelling-house and household sick in body, but of sound mind and perfect understanding, do make furniture, and., all things this my last will and testament, hereby revoking all former wills or therein, espe cially my car settlements whatsoever. I bequeath to my beloved niece Honora horse, and covered and Donovan, at present living with me, my right and title to my pro-, side cars." Held, that perty in the town of Rathcormack, namely, my dwelling-house and bank notes, known by the household furniture, and all things therein, especially my car horse, tnestatoreh us to be the at and covered and side ears." in the time the The testator died shortly afterwards. will was made, passed to the The petition was filed for the administration of the real and legatee. personal estate of the Rev. Charles O'Donovan. - Statement. A sum of £1081 in bank notes was found in the testator's house after his death, which Honora Donovan, otherwise Scully, and her husband John Scully, claimed by their charge as part of the property bequeathed to her by the will. The charge stated that the said Honora Scully, formerly Donovan, resided with the testator, and took care of him for two years, from the 1st of March 1858 to the time of his death, at which time she was nineteen years of age. That a short time after the will was made, which was drawn by CHANCERY REPORTS. 263 Roman Catholic clergyman, was searching for the pixas or oil, 1863. Rolls. or some matter in the testator's bedroom, and in the course of such search found the said sum of £1081 in bank notes, rolled up in a MARONY v. closet in said testator's bedroom. That the testator was perfectly DONOVAN. aware of it at the time of his making the will, but did not wish to Statement. communicate it to the persons drawing his will, intending to pass it thereby. And in confirmation of the fact of his being so aware, that a few days before the making of his will, the testator told her to take some money out of it, on which occasion she took therefrom £3, leaving £1081, and she expended the said sum of £3, and £1 additional, in purchasing necessaries for the said testator from that until his death. And in further confirmation that it was the intenÂtion of the testator to pass said money by his said will, that a few minutes before making the said will, the said testator called her into his room and told her that the said Rev. Daniel M'Sweeny had advised him to make his will, and to do so in her favor. That the said Daniel M'Sweeny having informed the said testator of his having found the said money, told him that he would count it in the presence of this respondent Honora his niece, and called her into the room and told her to go to the closet and take out the money, which she did, and placed it in Mr. M'Sweeny's hands, who counted it in the testator's presence, and told him there was £1081, and placed it in the testator's hands, from which it dropped, and it was then, by the said Mr. M'Sweeny, handed to this reÂspondent, and with the said testator's knowledge kept by her in her box at the house ; and several days afterwards, and shortly before the death of the testator, it was brought in by the 'said respondent Honora in her hands to the said testator, to be more certain as to his intentions, and to ask his directions, but he was speechless and made no reply, nor was he afterwards capable of giving any further answer or directions relative thereto until he died ; and the charge submitted that, even if it had not passed...