In a day-long session at the County Court in Limerick, Judge Lew-Smith presided over a contentious case involving the testamentary wishes of William Connah, a former army pensioner and Crimean veteran. The dispute centres around two competing wills, both vying for control over Connah’s substantial estate of over £400. The litigants sought to establish the validity of either will, adding a layer of complexity to an already intricate legal battle.
The courtroom drama unfolded with Mrs. Agnes Nunan, a Denmark Street lodging-house keeper, facing off against Mr Thomas O’Brien, a solicitor based in Limerick. Simultaneously, Mr Keely and Father J. Carroll of St. Michael’s, along with the Corporation Council, squared off against Mrs. Ahern in a separate legal tussle. The focus of the case was the determination of the disposition of the £400 legacy left by Connah.
A native of Abington, Co. Limerick, Connah arrived in Limerick in April of the previous year, armed with a discharge from his private pension and £400 in cash. With no surviving relatives, he sought shelter with Mrs. Ahern, agreeing to pay £1 per week for room and board. Three weeks into his stay, Father Carroll, responding to concerns for Connah’s future, advised the veteran to draft a will. Mr Thomas O’Brien, the solicitor, was then engaged to assist in the legal proceedings.
The resulting will, dated April 29 of the previous year, allocated funds to Father Carroll for Masses dedicated to the testator’s soul. The remaining balance was earmarked for various charitable causes, including the renovation of St. Joseph’s Church, St. Michael’s Temperance Rooms, and St. John’s Hospital in Limerick.
Despite a fall that initially raised concerns about Connah’s well-being, he eventually recovered. Out of prudence, he deposited £200 in the Savings Bank and £160 in the National Bank, held jointly with Mrs. Ahern. Mrs. Nunan claimed that the remainder, approximately £160, was handed over to his landlady as a lump sum for his ongoing support, foregoing the weekly payments initially agreed upon.
Trouble arose in March when Connah fell ill again. Mrs. Nunan asserted that, in his ailing state, Connah expressed a desire to revise his will in her favour. Attempts were made to involve Mr Ralph Nash, another solicitor, but he declined due to Connah’s condition. Instead, Mr James Mulraady, a grocer, and Mr Robert Frost, a Corporation member, stepped in to assist in drawing up a new will.
The court proceedings saw Mr P. Kelly, representing Mr Frost, disavowing any intention to implicate Father Carroll in influencing the preparation of the April will. Witnesses were called to attest to Connah’s sound mental state during the execution of his last will in March, a document prepared by Messrs. Keely and Frost on March 24. Tragically, Connah passed away on Easter Sunday, or shortly thereafter, making the testamentary dispute a posthumous affair.
The legal intricacies were further compounded when it was revealed that the will drafted in March was an exact replica of one prepared the day before, with the only discrepancy being the erroneous dating of April instead of March. The court now faces the challenging task of unravelling the complexities surrounding Connah’s final wishes and determining the rightful beneficiaries of his substantial legacy.
Dublin Daily Express – Monday 13 June 1910
