Hi please unscribe till further notice. laraine in Oz lmcd96@bigpond.com ----- Original Message ----- From: "Mary Heaphy" <tipwex@eircom.net> To: "Irl Tipp" <IRL-TIPPERARY-L@rootsweb.com>; "County Tipperary" <CoTipperary-L@rootsweb.com> Sent: Monday, September 04, 2006 3:54 AM Subject: [IRL-TIPPERARY] (no subject) > 29-8-1844 Ireland > > The Roman Catholic Bequests Bill. > > > > You have been already furnished with tolerably numerous samples of the > unfavourable opinion entertained of this measure by the Roman Catholic > hierarchy, as well as by the subordinate clergy, but there is good reason > for believing that if the sense of the laity were made know, it would be > found to be highly favourable to the enactments of the bill in general, > and > to that clause (the 16th) in particular, which requires all wills or > deeds, > to be registered three calendar months before the death of the person, or > persons, executing the same. The truth is, that it is this very clause > which > has excited the ire of Dr. McHale and his train of satellites, and has > caused such rivers of ink to flow dennunciatory of the whole bill. An > instance of the positive necessity of the enactment, guarded by such a > provision as that which is specially objected to, will, in all probability > , > shortly come before the public, the facts of which, as I am informed, are > briefly these:' > > Some time since a man who had by a long and laborious life of unremitting > industry amassed, in the humble capacity of a pedlar, a sum of 5,000s., > made, while in the enjoyment of full health , a will, bequeathing 3,000s > of > his property in legacies to the various Catholic Charities in his > immediate > neighbourhood , besides a donation to the county infirmary, which was, of > course, open to patients of all religious persuasions. The residue of this > property he willed to some poor relations. In the course of time the > testator fell ill, and was attended in his illness by the Parish Priest, > who, having discovered the disposition he had made of his property, > persuaded the dying man to cancel the will, which he did, and execute a > new > one, in which he left the whole of his 5,000s. for the "Use of the > Church", > and to make assurance doubly sure, he was further persuaded to execute a > power of attorney, , transferring the stock from his own name to that of > two > titular bishops, one of whom subsequently refused to take any part in the > transaction. Scarcely had the priest left the sick bed, when the patient > partially rallied, and expressed to a friend near him, his regret at the > step he had just taken, and, feeling that his life was drawing to a close, > he had merely strength to write a few lines to a relative in Dublin, who > acted as a kind of agent, authorising him to resist the transfer of the > stock, and declaring his wish that his property should be disposed of > according to the terms of his original will. He died that day, but the > letter thus written did not reach its destination until two days > afterwards, > and too late to be of any avail. The relatives of the deceased, however, > determined not to let the matter drop, and legal measures are being taken > for the recovery of their share of the money. But, in the event of their > being defeated in the attempt , it is still considered a matter of doubt > whether the second will can stand good, or whether the property may not be > diverted to another and very different channel from what was originally > intended; inasmuch as, in drawing up a fresh deed, and in naming the > Bishop > of the Diocese as the trustee, it was not stated whether the Bishop was > the > "Catholic Bishop" or the "Protestant Bishop" was meant ; and as the law > did > not recognize the title of the former "Catholic Bishop" , previous to the > passing of the Charitable Requests Bill, the Protestant Bishop might > fairly > lay claim to the disputed property. > > Mary > > > ------------------------------- > To unsubscribe from the list, please send an email to > IRL-TIPPERARY-request@rootsweb.com with the word 'unsubscribe' without the > quotes in the subject and the body of the message