The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-03-18
NJ 'CARAN'S WILL
Singular Testament Of Old
Jersey City Man Dis
cussed in Chancery
Today.
re. BISHOP A BENEFICIARY
Diocese Being Vacant, Vicar
General O'Connor Will Be
Made Representative.

Whover His Holiness the Pope appoints
as Bishop of the Diocese of Newark to
succeed the late Bishop Wigger will be
made party to suit envolving thous-
ands of dollars bequeathed to the Roman
Catholic Orphan Asylum of Hudson
County. A preliminary phase of this suit
came up before Vice Chancellor Emery
this morning in Chancery Chambers,
when a peculiar story was unfolded.
Away back in the sixties there lived
in this city well to do man named
Thomas McGaran who in February, 1864.
left by will all his property to his wife
during her lifetime and at her death to
their son Thomas James McGaran and his
heirs, etc. The testators wish was that
should his wife or son die before the
some came into the possession of his
property it should be disposed of as fol-
lows:-"One half to go to the Roman
Catholic Orphan Asylum of Hudson
Hounty'' for the support and education
of orphan children and one-half to be ap-
propriated to the Roman Catholic Bishop
of the diocese for the support of the Paul
ist Fathers.
Thirteen days after the elder McGaran
made his will he executed a codicil in
which he directed that on the death of
his wife and son without bearing issue
to inherit his property half of the income
of 1t should go to the Catholic Orphan
Asylum mentioned before and the other
half of the income should be paid to
Bishop J. Roosevelt Bailey, the prelate
of the diocese; the money to be applied
by the Bishop for the support and edu-
cation of INDECENT divinity students of
the Roman Catholic faith. The testator
died one month after, and his widow
died in March, 1890; the son being eleven
years old at the time of his fathers
death. Bishop Bailey is dead and also
his successor, Bishop Wigger.
Now the questions have arisen whether
the son Thomas J. McGaran was en-
titled OF the entire interest in the sur
plus monies or only life estate and
whether his children was entitled to any
interest therein?
Whether it isl asked Mr. Brinker-
hoff, 'the' intention of the testator to give
only the use of the estate to his son for
life in case he survived his mother or
whether the devise over takes effect on
the death of tn the son before without
leaving issue?"
1t appeared on referring to the papers
on file Of foreclosure suit begun in 1864
when James ]. Zabriskie was COM
plainant and Lydia Ann McGaran was
defendant there were surplus monies
amounting to $1,000 in which Bishop Bal
ley, and other representatives of the re-
mainder in the case of allure at issue
were made parties.
On learning this Vice Chancellor Emery
suggested as precautionary measure
that it would be well to make the sue
cessors of Bishop Bailey party by sup
Elementary petition.
Since Bishop Bailey's successor, Bishop
Wigger, is dead there is probably an
administrator of the diocese appointed. In
case there is no administrator of the
bishop on whom to serve the order for
supplemental proceedings 1 think you had
better serve it on the Attorney General" :"
The representative on whom to serve
the paprs is Vicar General O'Connor.