In a recent decision, Mr Justice Barton of the Chancery Division settled a dispute regarding the interpretation of the will of the late Maurice Condon, a farmer from Tiermeena, Co. Limerick. The case, Guiry v. Condon, centred on the distribution of Mr Condon’s assets, including the proceeds from the sale of a farm.
Under the terms of the will, Mr Condon bequeathed the lands of Tiermeena, along with all associated property, to his nephew, Joseph Mulcahy, subject to the payment of specified debts, legacies, and funeral expenses. However, the will also stipulated that if Mr Mulcahy declined the inheritance, the property would pass to Mrs. David Condon, the wife of the testator’s brother.
Before his death, Mr Condon had sold another farm in Tiermeena, but the transaction was not finalized until after his passing. This led to a dispute over the £650 proceeds from the sale, with questions arising whether the money belonged to Mr Mulcahy, the inheritor of the Tiermeena lands, or if it should be distributed among the testator’s next-of-kin.
The executors of the will sought the court’s guidance on these matters, asking the court to determine:
- Whether there was an intestacy (lack of a valid will) regarding the £650 from the farm sale.
- If not, whether the £650 should go to Joseph Mulcahy.
- The source of funds for paying debts, legacies, and funeral expenses.
Mr Justice Barton ruled that the £650 constituted an intestacy, meaning it should be distributed among Mr Condon’s next-of-kin. He further determined that the debts, funeral, and testamentary expenses, but not the legacies, should be paid from this sum. Additionally, the court clarified that Mrs. David Condon was not entitled to inherit the Tiermeena lands, as Mr Mulcahy had accepted them.
The case was argued by Mr Robert Holmes, representing the executors, Mr Alexander Blood, K.C., for Mrs. David Condon, Mr Patrick Kelly for the next-of-kin, and Mr William Ryan for Mr Joseph Mulcahy.
This ruling provides clarity on the distribution of the late Mr Condon’s assets and resolves the dispute surrounding the proceeds from the farm sale.
Evening Herald (Dublin) – Thursday 26 July 1917
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