In a courtroom drama that unfolded in the King’s Bench Division on Tuesday, before the Lord Chief Justice and Mr Justice Madden, the case of Fitzgerald v. Cusack took centre stage. The proceedings involved an application from the defendant to extend the time for serving a notice of motion for a new trial of the action.

At the heart of the matter was an action brought by Mrs. Bridget Fitzgerald of Tullovin (near Croom), Co. Limerick, seeking to establish the last will of Daniel Riordan, late of Tullovin Hill. Mrs. Fitzgerald, as the sole executrix and universal legatee of the deceased, aimed to solidify her legal claim. The defendant, in this case, was the niece of the deceased and the wife of a farmer residing near Clonlara, Co. Clare.

The trial of the action had previously taken place before Mr Justice Dodd and a common jury, resulting in a verdict in favour of the will, with costs against the defendant. However, despite the outcome, the defendant sought to extend the time for serving a notice of motion for a new trial.

Representing the defendant, Mr M. Comyn, KC, and Mr Comyn (instructed by Mr O’Brien Moran) argued in support of the motion. On the other side, the plaintiff was represented by Mr Sergeant Sullivan and Mr Patrick Kelly (instructed by Mr P. E. O’Donnell).

Following deliberation, the Court ultimately refused the motion, imposing costs against the defendant. The decision marked a continuation of the legal battle over the contested will, with both parties firmly entrenched in their positions.

The proceedings underscored the complexities and high stakes involved in matters of inheritance and estate disputes, as families and legal representatives navigate the intricacies of the law in pursuit of their interests. As the case of Fitzgerald v. Cusack demonstrates, the wheels of justice continue to turn as the legal saga unfolds in the pursuit of resolution.

General Advertiser for Dublin, and all Ireland – Saturday 16 December 1916