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NAMES: Mary MENARY nee JACKSON; William MENARY jr. & sr.; William Robert FERRIS; T. WALSH; John WILSON; Unnamed lawyer JACKSON; T.P. LYNCH; Unnamed BELL, lawyer; Robert DONNELL. PLACES: Magher-a-kilcranny aka Magherkilcranny.
Sharon Oddie Brown. March 31, 2009

1875 Jan 25 Irish Times

The Irish Times Monday, January 25, 1875

 

Ferris v Menary[1]

 

The case stood over after argument on Saturday week in order that the advisers of the defendant, Mary Menary[2], would have the opportunity of considering whether they would undertake to file a bill to reform the marriage settlement of William Menary[3], the younger, dated 5th of July, 1871. The bill was filed by William R. Ferris[4], of Armagh, a merchant, who is as creditor of the said William Menary, the younger and who prayed an account of administration of the personal estate of the said William Menary, and also of the real estate, on the ground that it was charged with his debts. The contention on the part of the defendant, Mary Menary turned on the construction of the marriage settlement before mentioned, whether in the event which took place, of William Menary, the younger, leaving only one child[5], the defendant, a female, was at the time of his death seized in fee of the lands of Magher-a-Kilcranny[6], or whether the said defendant, Mary Menary, as his heiress-at-law, took an estate in the lands under settlement. His lordship decided on the previous day in favour of the plaintiff’s contention, and the heiress-at-law took no estate in the lands, but as it appeared that such a thing was not contemplated at the time of the settlement, but left it to counsel for the plaintiff to determine whether he would file a bill in order to reform the settlement. Mr. T. Walsh[7], QC, undertook to file a bill for this purpose, subject to this bill, which only affected the lands of Magher-a-Kilcranny. His Lordship granted the prayer of the bill as regarded the other lands and personal property of William Menary the younger, with costs to the plaintiff, and also to John Wilson[8], the executor of William Menary[9] the elder.

Counsel for the plaintiff – Messrs Jackson[10], Q.C. and T.P. Lynch[11].

For the defendant – Messrs Walsh, Q.C. and Bell[12]; and for John Wilson, Mr. Robert Donnell[13].



[1]  An earlier article April 1, 1874 in the Irish Times  set out FERRIS’ first claims to the estate. There was notice in the Irish Times February 2, 1876 that indicates the case was still in process. SEE details of the case: http://www.thesilverbowl.com/documents/1875-Courtcase-Menary-Jackson.htm

[2] Mary MENARY nèe JACKSON (1844-1921), daughter of Eliza OLIVER & David JACKSON and sister of Sir Thomas JACKSON. She married William MENARY in 1781, but he died at age 36 in 1874 leaving her with a daughter who was then about 1 ½ years of age.

[3] William MENARY (1838-1874), the son of William MENARY sr. & Mary WILSON. The details in the PRONI will abstracts add: Administration Intestate, WILLIAM MENARY, farmer, late of Maghery, Co.  Armagh, died 7th Febr 1874 (? SJ). Effects under £1,000.   Without a grandchild living, the issue of a deceased son or daughter. Mentions MARY MENARY, widow. Mentions MARY MENARY, spinster, daughter  and only next of kin. Probate not granted to above as widow renounced  the right and daughter did not claim for reasons contained on an  affidavit. Probate granted to creditor William Robert Ferris. 23rd April

[4] William Robert FERRIS. A merchant in Armagh.

[5] Mary MENARY (1872-1946) who later married James Francis WRIGHT and together they lived out their final days at Gilford Castle, Co. Down.

[6] Magher-a-Kilcranny aka Magherkilcranny. Also, the house was often called Maghery House. The townland is beside Killynure and was a long-time home of the MENARY family, now owned and inhabited by Dr. KNIPE.

[7] T. WALSH

[8] John WILSON of Anslough, Caledon, Co. Tyrone. I suspect he is related to Mary WILSON, mother of William MENARY jr.

[9] William MENARY sr. PRONI: Granted: 19/12/1872  The Will of William Menary late of Magherykilcranny County Armagh Farmer deceased who died 19 May 1867 at same place was proved at Armagh by the oath of John Wilson of Anslough (Caledon) in said County Farmer one of the Executors.also Granted: 09/03/1875 The Will of William Menary late of Magherykileranny County Armagh Farmer deceased who died 19 May 1867 at same place (left unadministered by John Wilson one of the Executors) was proved at Armagh by the oath of William Couser of Armagh Merchant the other Executor. (Former Grant District Registry Armagh 19 December 1872.)

[10] JACKSON – This is intriguing – I don’t know who this lawyer named on “JACKSON” may be.

[11] T.P. LYNCH

[12] Bell

[13] Robert DONNELL

 

 

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