The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-07-18
NEIL DOUGHBRTY'S WILL.
4 Gin of Land to n Roman Catholic BishoI
Declared Invalid.

Justice Barnard in Brooklyn yesterday
delivered an opinion in the disputed will case Of
Neil Doueherty, who bequeathed his property
to an Irish Roman Catholic bishop In trust for
educational purposes. lie said:
The testator m ard by his will created the Bishop Of
s be u ssd af dr sSs paene OF
lite for the erect,n and maintaining q school house
cAdren Of the parish of Rye said school 60 be erected
land to nave ana to hod the same to said bishVp and
Eisn,n hi. my win and hereby direct that said
school shall be erected and mslntaned under the pro-
under the control aud snsg ent Of twelve rcspccta
pie farmers Of tie parish Of Rye and The ssid BshoR q
oy sid BISHOP aud are 10 receive no remuneration for
l6s ss,sa'S, gave AZ, a., 70 he B,hog A. HI; gss0Pn l
proceeds 10 Oc. paid to .ne sisAcP
II mus, be conceded oh, that a bssas.t OF personal
valid when to be executed Is good beguest The
can nler Ia, Irish iaN courts decree tue pay.
s%.s ' o ss 40 man h NO "a st"S s s M
law. Bishop OF that church cannot take title TO
he esav appoint the twelve farmer. 70 sdnh-
lisr ~, e.aJiy nor you'll ms snee nee have any
Tn i-ish Court OF CAanccry cannot eve the Bishop
The tscNe farmers independent Of TIE Court Of Chan
That court hAs power to administer charity. when
there Is good clariis aud defective scheme.
Ar nSi INIT eI ts ce u c"mpIere thes
j. trrs'cc aud ocnincia7e. 10 be dennitely
trll
II The Court Of Chsaccry in ireland have power to
tuuetA.ie nuOtAcr sCheud Tor Tie administration OF
lhc ia rltv u Is not the testtor as established
lAe ,sstaors scheme y not good 10 Ireland ana must
thur fore faii IN our courts.
good. dapter sl9. Laws OF lsis. eniets AZ fooss .
lr9yded No pefsoa leaving wife or cnlld or parent
on more than onourth OF his or neI estate after the
.ymn ~ his or her debts, ana such dcvisee-
only No such devise or heqacsi snail be valid IN any
whl which sha not have been male snd executed at
least two months before the death Of the tesator.
TAI. provision a. to TINE OF execution 81 vii has not
same ciss. OF testators give onenaf instead OF
fourth OF his or hcr estate LcfrOn agt Letcvrs 90
whicn found under that act cnsp 6. laws OF 1858
Toe orphan secretly wss not iounaed under ihe gen.
speels ensrier In the amendment q TINS charter,
sicton OF he law of 800 and not under hat of isis
The Law VI 1870 does NOT contain the Two months
| sucton
My conclusion, therefore arei
Ihe power Of sale To operate after the cad Of four
e. r.t Tie four years estate in the land to rent the
| came is Invalid, not neing limited oy lives.
3. That the sit of the land 10 the hsnop OF kaphoe,
| trust il not one authorized by Tie statutes.
Tnat tho four years accumulation u the rents to
statute ana that the amount collected rent belong.
Ing to that OF the next eventual estate which lie that Of
8 That tie once OF Blshop of Raphoe has power
of succession IA law anu the holder ~ the ONCE cannot
take title acquired 10y this predecessor ia
ice or do any legal act by Virtue Of MS once
proposed icgs N Ireland and falls for tSat re,son
I'M S %. se Gnas. sn s fs the
lSis does not Apply TO benevolent association not
Ter OF lie Orphan Asylum and the anendcn does not
sum IL to that restriction.
named IN viii That the residue OF be DIS
trbuted among The here Al law aud next Of KIN o. de-
wholly int,state.