[succession – will, invalid]

In the Estate of Conolly

Supreme Court of Van Diemen’s Land

In banco, Pedder C.J. and Montagu J.,  19 November 1839

Source: Hobart Town Advertiser, 22 November 1839[1]

Before His Honor the Chief Justice, and Mr. Justice Montagu, Sitting in Banco

In the matter of the Estate of the late Phillip Connolly, deceased

            The Solicitor General on behalf of Miss Margaret Connolly, sister to the deceased, applied for letters of administration, on the grounds that she would be the next of kin to the deceased as her sister was about to proceed to Ireland. This was rather a singular case. Among the papers left by Mr. Connolly at his decease, there were found three in the nature of wills but all of them imperfect. The last revoked all former wills, and after bequeathing various legacies to different members of his family, left the residue to the President of Maynooth College, to be applied to pious purposes, and among other things to the saying of masses for the repose of the testator’s soul. This document not being attested, could not bind the real property, which of necessity must go to the heir at law. The affidavit of Mr. Dobson was put in, which stated that a few days before he died, the deceased sent for Mr. Dobson for the purpose of altering his will, when he (deceased) observed he did not wish to leave his sisters destitute, but could not just then, being very ill, determine upon the sum. The alteration, however, was not made; and the circumstance was insisted upon as proof of an intention to alter the will. The only point for consideration appeared to be whether letters of administration should be granted as in case of an intestacy, or whether the administration should be shackled by the last paper writing purporting to be a will. It was evident that this writing could not affect the real property, and the learned gentleman contended that the greater part of the demise was void from being demised to superstitious users. The Chief Justice thought it was hard to call upon the Court to declare an intestacy and so deprive the parties named as legatees of their legacies. Decision deferred.

In banco, Pedder C.J. and Montagu J.,  26 November 1839

Source: Hobart Town Advertiser, 29 November 1839

In the Estate of the late Phillip Connolly.

            Mr. Justice Montagu begged that some better evidence might be rendered in support of Miss Connolly’s application, as really the papers before the Court were insufficient to warrant their Honors in granting either letters of administration or probate.