The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-07-02
AN INTERESTING WILL CASE.
A uue.tlon OF Religious Preferences and
S3OO,OOO.

n
case just reported from Dublin. jury, after
nine days OF trial, found 1t impossible to agree
upon verdict, and, considering the religious
prejudices enlisted in the cause, and the narro W
ness of the issue upon which 1t turned, we
cannot affect TO feel any surprise at the result
PES testament in di pute was executed on
Monday, the 9Th of last August, by the wife OF
the Right Hon. Sir Thomas Esmonde, of Johns
town Castle, In the equity Of Wexford. Lady
Esmonde, the testatrlx wac lady of strong
mind and of such business like habits as sin,
gularly qualified her for the management and
disposition OF the large property che possessed.
She had married, nearly fifty years ago,
gentleman named Morgan, oy wnom sne aau
two daughters, who became respectively Mrs.
DeaBe and Lady GranarC. In 1866, being then
q widow, she married Sir Thomas Esmonde,
and they lived, as far as appears, on very good
terms There was, however, a sc ious point OF
difference between them. Sir Thomas was
Roman Catholic, his wife a Protestant and
deeply attached 10 the Reformed Church: .
cat the end OF 1866 OF the beginning of 1867,
an event occurred which led to family ruptures,
and ultimately to this remarkable litigation.
Lady GIanard, Lady Esmondes younger daugh.
ter, became convert to the Romish faith, and
this apOstasy distressed her mother exceedingly.
1t was not that she expressed or entertained
any i'll will to her child, but in her attachment
to the Protestant Church she could not endure
the thought that her property should go TO the
support of the Roman Catholic creed. Accord
iDgly she at once resolved upon executing
will by which the Reformed Church should
acquire directly the benefit OF her wealth. AS
il happened, this could be done with conpara-
lively little injury to the family, for her two
children would necessarily inherit large for
tunes, and her husband was already rich. How.
ever, she determlne1 on disposihg OF the f60,O0O
or G70, 900 at her own command in favor OF GER
tam Protestant institutions, designing, in par
tiCular, TO found a college for the sons OF Pro.
testant CleTgymen in connection with Trinity
College, Dublin. To this special object she de
voted some three-fourths of the property, the
rest being distributed In smaller bequests OF
analogous character.
clergyman of the parish, and in the month OF
April, 1867, she repaired, IN his company, to
Dublin, where she gave the requisite insiruc-
tions TO her solicitor. Up to this time, and,
indeed, to later period, 1t is admitted that the
proceedings were open to no exception. Lady
Esmonde knew well what she was about, nor
power or inconsistent with reason. No suspicion
was thrown upon her capacity nor was proof
given OF UNDUE or improper influence.
"NeveI Itheless, Lady Bsmondes health was
falling and it does not Dpear from the evidence
as if conflict OF claims or hopes was carried
on around her bed OF sickness. She was watched,
it Is saId, by Protestant friends and servants
against the possible approaches of the opposite
party, though the contest was rather bet Teen
churches thar families. The elder daughter
took nothing by the new will, though the
younger daughter might be deprived of her eX-
pectatIons: in fact. they were both disinherited
together, nor was the fact of much consequence,
considering their wealth. Had there been no
will, the property bequeathed would have gone
to Sir Thomas EsmoDde, but he appears TO have
regarded the matter With indifference or for
bearance, though it was put in evidence that he
was acquainted with his wite's designs. We
must now, however, ezplaiD-for it is the cir
cumstance on which the whole case hinges
that the whl, all this while, had never been
executed. Certain alterations had been sug-
gested, and fresh drafts proposed, until at last
the end of July arrived. and no will had been
actually signed. 1t was then almost tco late.
On the 1st OF August Lady Esmonde was smitten
by paralysis and deprived OF the use OF her right
hand After this the circumstances ensued in
which the trial took its rise.
''On Saturday, the Sd of August, the solicitor
arrived at Johnstown Castle with the will. On
Sunday, the 4th, there was proposal that 1t
should be executed, but Lady, ,Esmonde was so
weak that the document was thought too long
for her comprehension, and accordingly new
instrument was prepared in condensed and
abridged form. This was signed by Lady Es-
monde on the following day, or rather executed,
for she was unable to write, and only attached
ber signature or mark With the assistance of
another hand. Now, was she at that moment a
competent testalrix, and was the will, under
such circumstances. duly executed? Here
the iDriCaCles of the case are first revealed.
On behalf of the will there was this strong
argument-that, whatever might be the con-
ditioD OF the testatrix ut the moment OF its
execution, it did undoubtedly represent her
eared when her capacity was unim-
peached. The instrument was essentially the
sane in purport as that which had been ap-
proved, nor were the alterations or omissions
sucn as to establish any bad faith. But. forcible
thoIph this argument might be, it was not con-
clulive, for Lady Esmonde might possibly have
designed to IetTact her directions, and unless
shewas actually competent to execute the Will
at ne moment when she did execute it, the in
strlmeDt could not be valid. On this point the
sultiety of the distinctions taken was extraor-
diary. The medical evidence generally was to
th effect that Lady Esmonde did retain her
taulties, notwithstanding the paralytc stroke,
bU only to an extent enabling her to complete
oregone purpose.
"A particular incident was related showing
tn singular ambiguity Of the case. Lady
Emonde actually told her husband, Sir Tho
ms, that she had not signed any will; but this
We ineeniously explained afterwards to mean
tht she had been unable to afiX her ordinary
slpature. II is curious, too that even the
Witnesses who questioned the com petence of
ihtestatrx on the 9TH of August seemed to
hae anticipated that she might have been
caabe of making fresh will at a later
paod
The argument of those by whom the will
We opposed turned of course, upon the con-
teIiOD that the declaration of the testatriX was
obiined by surprise; nor is il to be denied that
thdelay in the execution Of the instrument had
goe very far towards making the execution
imossible. Certainly it involves an unusual
nitty OF Discrimination to say that person iu-
copCtent to originate purpose may yet oe
co petent to accomplish q purpose already
orinated; aid the actual condition OF Lady
EaOnde may be inferred from the conclusions
ofhOse who would not venture to place even
thwill of her own dictatlon before her except
inn abbreviated form.
The story gives us Que more warning OF the
digger by which delay in such matters is
atndec. Had Lady Esmonde given effect to
hI intentions when they were 6rst matured.
al executed her will as soon as IT was prepared
foher signature, we should have heard thing
NIL