A long-standing legal battle over the estate of Mr James Baggot, a resident of Donoman Castle, Co. Limerick, has resurfaced, with assets valued at a quarter of a million sterling in Buenos Aires and a mere €2,000 in Ireland. Mr Baggot, who passed away in 1908, left behind a will dated 1898, designating his brother Francis as the sole heir. However, his other brother, Thomas Baggot, and niece, Matilda Hayes, contest the will, alleging intestacy.
Previous litigation in provincial courts and the Court of Appeal in Argentina has seen the will upheld, despite challenges from Thomas Baggot and Matilda Hayes. With the plea of undue influence withdrawn, the focus of the current legal proceedings revolves around execution, testamentary capacity, and knowledge and approval of the will. Allegations regarding the testator’s alleged habitual drunkenness have also been addressed, with translation quirks providing moments of levity during the proceedings.
Mr Justice Madden has scheduled the trial for Thursday, 3rd May, before a judge and a special jury. Legal representation includes Mr S. L. Brown, K.C., and Mr Vincent Rice for Francis Baggot; N. Philips for Thomas Baggot; and Mr Comyn Pl. K.C. for Mary Hayes.
Meanwhile, a separate legal matter regarding the interpretation of the term “issue” has arisen in the estate of Dr Purdon’s widow, who resided at 56 Eglinton Ave., Belfast. With an estate valued at £3,487, the widow’s will stipulated that each of her nine children was to receive a one-ninth share. In the event of a child’s death before the share vested, it would be held in trust for the issue of that child, either as appointed or, in default, for all the issue of such child equally.
The crux of the matter lies in the definition of “issue” – whether it encompasses only direct descendants or extends to grandchildren as well. Legal counsel for the respective parties, including Mr Beatty for the plaintiff, Dr R. J. Purdon, executor of the will; Mr Denning, K.C. for Healy-Hutchinson Almond, a grandchild; and Mr Ellison for Elias Bell Purdon, another grandchild, presented arguments before the court.
Mr Justice Barton, while reserving a final judgment and allowing all parties their costs, hinted at a broader interpretation of “issue,” suggesting it may include all descendants rather than being limited solely to children.
The upcoming trials are poised to bring clarity to these intricate legal matters surrounding inheritance and testamentary intentions, offering resolution to long-standing disputes within these familial estates.
Irish Independent – Tuesday 27 March 1917
