The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-01-04

The Action Brought by Margaret Bens
mis- Against FatbeP y ielIah0n.

New York, Jsn. 8..-A suit that
causes much interest among the members
Of st. Andrews Roman Cathslie
church, in Duane street, WIS called
for trial in the supreme court to-day
1t Is brought by Msrgsret Bannis
against the Rev. Father James McAIahon
the pastor Of the chUrch. The plaintiff
claims thst Father Mcmahon owes
her $2305, property that belonged
TO her sister, Ann Farley, deceased, who cave
it to the defendant to keep for her during her
lifetime, and died intestate y hile the moasy
was still in Father McMshon's hands.
james A. Kelly, the plaintiff lawyer, says
that Margaret Beunis and Ellen McQuillsn
were the sisters of Ann Farley, who
owned property worth about $4,000.
The throe sisters were advanced in years
and very illilerate, neither of them being
able to read or wri-o. In 1870 Mrs. Far
lev made over the bulk of her fortune to
Father McMshon under the stipulation that
she should be supported while she lived. ~
is claimed that she subsequently ragrett
this action, and eudeavored to get her NOM
hack, but without success. On August |,
1878, she died suddenly, and without making
any disposition Of tho property held by
Father hcMahon. Her TIVE sisters, as far as
could be ascertained, were her only living
relatives, and letters of standardization were
granted by Surrogate Calvin to Margaret
Beunia, who, with her sister, Ellen McQuin-
lar, went to Father McMah0n and asked for
Mrs. Farley's property. Father Mcaahon,
it is asserted, did not deny that he had re-
ceived the money, but alleged that
he had paid $605 for their sisters funeral
expenses, and expected 1895 rs compenaa.
tion for his trouble and anxiety Of mind
in the matter The sisters thought these
amounts exorbtsnt, and endeaVored to in
duce the pastor TO reduce thom, but AS ho de-
clined to make any abatement they dnslly
agreed to pay him $1,000, and take SO 600,
! which he said, was all their sisters estate left,
os satisfaction fer their claim.
Mr. Kelly 50, that Father McMahon iol5
them he could not otconyeniently pay tho s., 900
at once, but would do so in six months, paying
the sisters in the MEANWHILE 7 per cent interest
on the amount due. At the end of six
months the pastor asked that settlement bo
deferred for another half-year he. mean.
F! while paving interest rs before. But when
tho time for paying tho principal again ar.
rived, Mr.. Kelly says, another delay was
asked for, and at the end of year and
half the money was still uapsid 1t is al.
leg that no part Of it has vet been paid,
and father McMahon is sued for SO 305. with
interest from time when, they say, Father
McMshon ceased TO psyit, thus allowing tho
SG05 for tho funeral expenses, but not the
1896 said to have been asked for personal
remuneration.
Father McMahon'5 counsel, Charles e.
Miller, said:
Our answer to the complaint is n total do
NAL, and we do not recogni23 Margaret Ron
nis as the eXecutrix of her sisters estate. /
do not care 10 60 minulely into the particu-
lars of our defense, but the case will come up
in about two weeks, and we will certainly
nrovo tho invalidity Of Mrs. Benns' claim.
With regard TO Father McMahon's taking
aie of his parishioney's property | have
nothing TO say, except that he uuites business
, with his pastoral duties