John O'Grady, and Others, - Appellants; Lord Kinsale, and Others, - Respondents

JurisdictionEngland & Wales
Judgment Date14 December 1767
Date14 December 1767
CourtHouse of Lords

English Reports Citation: 2 E.R. 794

House of Lords

John O'Grady, and others
Lord Kinsale, and others

V BROWN. O'CJRADY V. KINSALE (LORD) [1767] case 14.--john o'grady, and others,-Appellants; lord kinsale, and others,-Respondents [14th December 1767]. On a bill brought to set aside a will, on the ground of the testator's being a papist, the bill was retained for a year, with liberty for the plaintiff to go to lav,- to decide the question. The plaintiff having neglected to bring his action within the time limited by the decree, the Court dismissed the bill with costs. decree of the Irish Chancery affirmed. See ante, Cases 11. 13, on which the respondent relied [5 Bro. P. C. 429, 446]. Gerald late Lord Kinsale had at his death three daughters, Mary the wife of the appellant O'Grady, Elizabeth Geraldina, and Elinor Elizabeth, and no other issue; and they naturally expected to have enjoyed all his real and personal estate, more particularly his real estate, as he was, by virtue of the popery acts in Ireland, incapable of disposing thereof by will. Nevertheless, a will of Lord Gerald was produced soon after his death, dated the 28th of March 1757 ; whereby, after expressing some resentment against the appellants O'Grady and his wife-, he gave them one shilling only; and devised to the appellants Elizabeth Geraldina and Elinor Elizabeth and their heirs, some lauds in Warwickshire and Lincolnshire, subject to incumbrances; and devised all his honours, manors, and lands in Ireland to the respondent John de Courcy (a very remote relation) now Lord Kiusale, for his life, with remainders to his several sons in tail male; with a remainder to the respondent John De Courcy, uncle to Lord Kinsale, for his life, with remainder to his sons in tail male; and appointed the respondents John Lord Kinsale, Dominick Sarsfield, and Charles Barnard executors of such will. Lord Gerald was 71 years of age at his death, which happened on the 1st of December 1759; and as his singular manner of living, actions, and expressions for several years before had given great cause for a prevailing report that he was in a state of lunacy, or so impaired in his understanding as to be incapable of [457] making a will, or liable to' have been easily imposed upon therein, the appellants could not help entertaining suspicions of that sort, and also1 a doubt, whether1 the respondent Lord Kinsale stood so. related as described in the will; and as he had, under colour of this will, entered into possession of all or part of the lands thereby devised, the appellants, on the 12th of May 1760, brought their bill in the Court of Chancery in Ireland, for a discovery as to. these matters, and they therein also charged Lord Gerald's disability under the popery acts...

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