In a significant legal development, the Probate Court convened yesterday before Mr Justice Madden to address the matter of the Fitzgerald v. Cusack case concerning a contested will in Limerick.
Representing the plaintiff, Bridget Fitzgerald of Tullavin Hill, Croom, Co. Limerick, Mr P. Kelly, instructed by Mr P. F. O’Donnell, applied for an order to have the trial of the action take place in Dublin before a judge without a jury. Ms. Fitzgerald, serving as the executrix and sole legatee, seeks to establish the validity of the will of the late Daniel Riordan, also of Tullavin Hill, who passed away on July 10th, 1916.
The defendant, a sister of one of the next kin of the deceased, disputes the authenticity of the will on customary grounds and alleges that it was procured through the undue influence of the plaintiff.
In response, Mr J. Comyn, accompanied by Mr Conmyn, K.C., instructed by Mr S. Hastings, represented the defendant and applied to have the case set down for trial at the Limerick City Assizes before a judge and common jury.
After considering the arguments presented by both parties, Mr Justice Madden issued an order specifying that the trial of the action would proceed before a judge with a Dublin city common jury on November 23rd.
The forthcoming trial holds significant implications for the disposition of the late Daniel Riordan’s estate and hinges upon the determination of the will’s validity. As legal proceedings advance, stakeholders await the adjudication of this contentious matter, which underscores the complexities surrounding inheritance disputes and the pursuit of justice within the legal framework.
The resolution of the Fitzgerald v. Cusack case will not only impact the parties directly involved but also carry broader implications for legal precedent and the administration of estates in Ireland. As the trial date approaches, anticipation builds for the elucidation of the facts and the dispensation of equitable justice in this consequential legal matter.
Dublin Daily Express – Tuesday 14 November 1916
