File 16 - Case of William Butler and the defraying of expenses of new church

The documents relate to a dispute in relation to the will (23 May 1885) of the late William Bruton who bequeathed a legacy of £100 to defray the debt incurred in the construction of St. Mary of the Angels. The executors of the will submitted a case to Richard P. Carton, barrister, who advised that the legacy was void as it was made to a religious order. The file includes a case on behalf of Fr. Tommins and Fr. Maher, surviving grantees in the deed of assignment of 9 July 1875 (see CA CS/2/2/1/10). The case was submitted to J.B. Murphy, 6 Mountjoy Square, barrister, for opinion and reads: ‘It is submitted on behalf of querists that the bequest is not to the religious order, but to the Church which belongs, not to the religious order but to the grantees in the said deed who might, should they so desire convey the same, and as a matter of fact did exercise their right’. With copy correspondence between Terence O’Reilly & Sons, solicitors for the Capuchin friars, and Michael Coyle, 1 Capel Street, solicitor for the executors of William Butler. The file also includes a copy extract from the above-noted will made by Michael Coyle, solicitor. The will extract notes that Butler also bequeathed £200 towards defraying the debt due for the building of the Holy Family Church, Aughrim Street, Dublin.