The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1891-10-30
WHICH WAS MEANT I?
The Muddle Over the MOnOg-
han Will Case.
TWO CLAIMANTS TO A FORTUNE.
HalEBrothers Bearing the Same Name
Making Bitter Fight

The Obscure VIII pi Thomas Monaghan
The Surrogate Holds that what Is writ
ter, Not what Is Meant, Determ ines to
whom the Property Shall Go-The
RightfuI Heir Likely to Lose the Suit.
NEW York, Oct. 3O.-The Monaghan
will case, which has been hearing in
the Surrogate's Court the past few days,
has demonstrated that what man
means cannot affect what he puts in
writing.
Old Thomas Monaghan was house
painter who quit painting houses in
! 1871 and commenced to dabble in real
estate. So successful was he that when
he died in September, last year, he left
property valued at $500, 900.
! Long years ago the painter was mar
ried, but ne separated from his wife,
Annie McEvoy Monaghan, in 1854 OF
the three sons she bore him only one has
survived-Thomas Monaghan, jr., a
blonde, about 30 years of age. He has
not seen or heard of his father for many
years, having lived on farm in Iowa.
After separating from his first wife
Monaghan married again, although for
a number Of years before Annie McEvoy
died he lived with the present Mrs
Monaghan. There is a grave question,
even among his lawyers, whether the
oldest son by the second marriage is
legitimate.
On the day before the old painter died
he made a will dividing his property
almost equally between his ''beloved
daughter Rose Monaghan, now living
with me, - and his "beloved son, Thos.
Monaghan, Jr"
This latter was the oldest son of tina
second Mrs. Monaghan. He is a fine
looking young fellow with brown mus
tache and dashing air Unlike his half
brother, he is dark. He was prepared to
enter into the enjoyment of the property
left to him, when the elder young
Monaghan put in an appearance and OBJ
jected. He claimed to be the "beloyed
son, Thomas Monaghan Jr., >" and said
that his half brother had no right to the
name, and consequently not to the es-
tate.
Surrogate Ransom practically decided
in the blondes favor yesterday. ''There
seems to be no doubt from the evil
dence," he says, that the proponent
(second young Monoghan) was the party
meant by his father to receive the bene-
fit of his estate. But, unfortunately for
him, he failed so to state In case
like this we must go by what the will
states, not by what the testator is
thought to have meant. The obiector
is the legitimate son of Thomas Monog-
han, is known as Thomas Monaghan,
jr., and seems to have a right to the
name. The proponent has no such
right.
Lawyer Thaddeus B. Wakeman there
upon arose and asked for an al journ-
A.
p plete surprise to u.s." was his first re-
mark. owe have diligently searched
the records of the Catholic churches
hoping to prove that the obiector is not
entitled to his name but is really known
as William Monaghan. We ask for a
little more time"
An entertaining discussion among
counsel ensued over this proposition,
which Surrogate Ransom finally settled
by adjourning the hearing until Wed.
nesday of next week. In return fol
this privilege, however he ordered that
the proponent pay the fees of the OBJ
jector's witnesses and his hotel ex
penses as well. The Surrogate alst
added sarcastically that the surprise o
the counsel at his view of the case wal
not so much surprise of the facts as
surprise of the law.
Had the old painter simply added the
words 'Now living with me, after his
sons name as he did after his daughter S
the present litigation could not have
been possible. AS it is now, all the in
dications are that Thomas Monaghan
sr., instead of providing for the wants
Of the son, whom he loved with all tht
warmth of a fathers affection, has
simply enriched the child whom he cas-
off many years ago.