The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-08-28
SINGULAR WILL CASE.
A Daughter Disinherited for Embracing tn,
Roman Catholic Faith.

The London Daily NelCS has the following ac-
count of will case in Ireland:-
ION this side Of ST. Georges channel the Esmonde
will case is interesting principally picture of the
religious anmosites with which Ireland IS cursed
That Lady Esmonde, an old lady possessing an in
come OF nearly e9OO6 year should leave her pro
perty away from her daughter is not a matter of
much moment to the British public; but when we
learn that the daughter was disnherited because
she became Roman CothOliC, and that her
cause is adopted as their own by a large
part rS of the population the affair assumes
Esmonde was twice married, and the wealth which
she derived from her first husband was SO settled
upon her that she was able to bestow it by will not
withstanding her subsequent marriage Sir Thomas
EsmOnde, who survived her. 1t also appears that il
she had died intestate the Countess of Granard her
daughter by the first husband, would have been en-
titled to a large property. But the young lady
changed her religion; and it is suggested that her
mother, offended by the circumstance, beuueathed
her wealth to found college in Wexford to educate
young men for the Protestant ministry.
"Of course the bequest would not be invalidated
by the circumstance that the testatriX had con
ceved an unreasonable l-will to her daughter or
had exercised her testamentary overs caprciously
Unjust and fantastic wills made every day of the
week, but injustice and folly do not according to
our law, disable men and women from doing what
they like with their own 1t was said in the present
case that more serious causes invadated the testa-
mentary dispositions-that when they were made
the old lady was of unsound mind, and that she was
overpowered by undue influence. In substance, the
issue before the jury at Carlow was that which a
Dublin jury several months ago, unsuccessfully
endeavored to decide-whether certain paper,
bearing date the 5th of August 1867, duly exc
cuted and was the last will and testament of Lady
Esmonde.
GAS the will was drawn up originally when she was
in health LADY Esmonde left certain furniture to her
daughter, Lady Granard. In the subsequent docu-
ment that gift omitted. The amount of property
affected by the alteration comparatively small;
and yet that is the most serious discrepancy between
the earlier and later documents which the defend
ants can discover The inference is unavoidable
that the occasion of her last illness was not the time
at which Lady Esmonde & resolved @ to leave the bulk
the will OF Aug. 5, 1867, was in the main the
ton of purpose entertained long before 1t diff
fered somewhat from the previous draft; 1t was
more severe to the disinherited daughter, but the
difference was confined to minor particuars ana,
looking at all the circumstances, we have reason
to doubt that the jury came 10 SOUND conclusion in
"At the same time, the defendants had some
reasonable grounds OF complaint, and were amply
justified in demanding inquiry. From Lady Gra-
nards evidence, it seems that she was treated with
extraordinary harshness and suspicion by the family
during her mothers Illness and that she was him
dered from communicating with her. The Countess
states that she was summoned from London by tele-
gram when the paralytic SEIZURE occurred; that she
remained at JOhnstOwn Castle, where her mother
was living, from the 9th of August to the 18th of
September a period of six weeks, and during the
whole of that time she was never allowed to be
alone with Lady Esmonde, or to have uninterrupted
conversation with her. The impression left by her
evidence is that the young lady was watched
with great jealousy, and was not permitted
to have that undsturbed communication with her
dying parent to which, as daughter, she was GER
"But, however much that circumstance is to be
regretted, it has really no effect on the main queS-
tion-the validity of the will. The real public I'M
portance of the case is unhappy derived from the
religious strife imported into it. The charge of
priestly domination over the mind of Lady Esmonde
is not distinctly dsproved, and it is not disputed
that more than one clergyman conferred
with her on the subject Of the bequests. The whole
story lively but far from agreeable illustration OF
the war creeds in Ireland
''Dr. Ball summed up for the defendants He
abandoned the charge of undue influence and
fraud. Mr.. Macdonough replied for the plaintiffs.
Judge Lawson charged the jury, condning their
attention to the question of capacity at the time of
the execution OF the will. The jury, after twelve
minutes consideration, found verdict establishing
the will"