In a significant legal development in Limerick, a case involving a disputed charitable trust fund from a will came to a resolution. The proceedings unfolded in the Chancery Division, with the case titled Annie Reid versus Margaret M O’Grady and others.
The parties involved in this case hailed from County Limerick, adding a local element to the legal dispute. The essence of Annie Reid’s claim revolved around the will of Jeremiah O’Grady, dated August 21, 1845. In the will, Jeremiah O’Grady bequeathed several provisions, including two legacies of £100 each to his daughters, Mary and Bridget. These legacies were to be paid from specific bonds.
Crucially, John O’Grady, one of Jeremiah’s sons and the executor of his estate, handed over the bonds to Bridget O’Grady. Bridget, in turn, declined the two sums and deposited £800 with the defendants in this case. Of note, one of the defendants was the Most Reverend Dr O’Dwyer, who served as the Bishop of Limerick, and the other was the Very Reverend Andrew Murphy.
Jeremiah O’Grady’s will stipulated that these sums should be paid to his daughters upon their marriages. Furthermore, it outlined contingencies in case either daughter died unmarried or during Jeremiah’s lifetime. In such instances, the portion designated for the deceased daughter would pass to the surviving one, provided she remained unmarried. If both daughters died unmarried or in their father’s lifetime, or if one died while unmarried and the other married at that time, the sum of £400, or two sums of £400 each, as applicable, was to be divided among Jeremiah’s surviving daughter and his four sons.
The legal dispute arose due to subsequent events. Mary O’Grady passed away in 1901, having never married, and bequeathed all her property to her sister Bridget. Bridget, in turn, died in 1905, and her will left all her property to her niece, Annie Reid. Annie Reid not only inherited but also became the administratrix of Mary’s estate.
Annie Reid initiated legal action to assert her claim to the two sums specified in Jeremiah O’Grady’s will. She sought a declaration affirming her entitlement as the personal representative and residuary legatee under Bridget’s will. In the alternative, she claimed ownership of eleven-twenty-fifths of the sums, with Margaret O’Grady being entitled to the remainder. Additionally, Annie Reid requested that the two defendants, Bishop O’Dwyer and Rev. A. Murphy, be declared trustees of the sums, with interest. Alternatively, she sought a declaration that they serve as trustees for her regarding the eleven-twenty-fifths share, and for Margaret O’Grady concerning the remaining portion.
The defence’s argument rested on the assertion that the eleven-twenty-fifths portion constituted a charitable gift, belonging to the donor, Margaret O’Grady. They contended that this portion was intended for charitable purposes and entrusted to Bishop O’Dwyer in a trustee capacity.
After careful consideration of the evidence and legal arguments, the Master of the Rolls rendered a verdict. He determined that the Bishop of Limerick, as trustee, was entitled to eleven-twenty-fifths of the £800, constituting a charitable trust fund. The remaining portion was deemed the rightful property of Margaret O’Grady. Consequently, Annie Reid’s claim was unsuccessful, and the case reached a definitive conclusion.
Limerick Echo – Tuesday 17 July 1906
