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    1. [IRL-TIPPERARY] (no subject)
    2. Mary Heaphy
    3. 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

    09/03/2006 12:54:35