|The Estate of James Denny, Deceased.
|Irish Emigration Database
|Montignani, J. F/5
|Montignani, John F.
|Albany, New York, USA
|D/889/7/1: Deposited by Messrs. Joshua Peel & Son, Solicitors, Armagh.
|The Public Record Office, N. Ireland.
|JOHN F. MONTIGNANI
GEORGE H. MALLORY
WILLIAM S. ELMENDORF
MONTIGNAN, MALLORY & ELMENDORF
55 STATE STREET
Albany, N.Y. [New York?] 28th January 1893
Joshua E. Peel, Esq.
Dear Sir : -
You will doubtless be expecting information
respecting the estate of the late James Denny and of the
progress made towards its final settlement and distribution.
The temporary administrator was appointed last June.
Under our law he was required to advertise for six months
for claims against the estate. This period of advertising
is now concluded, and there were no claims. The administrator
might now present his accounts for consideration and
settlement. Unfortunately two claims have been made
against the funds in his hands and as these claims must be
disposed of before the next of kin can receive there will
be some further delay. The extent of that delay cannot
now be determined. One of these claims is made by our old
friend Thomas Denny - he seems irrepressible. It is for
board, lodging and attendance furnished and amounts to
about (œ80) eighty pounds. The other claim is that of
a man named Ford, who resides in the country about thirty
miles from Albany. James Denny was, I understand,
accustomed for many years to visit Ford during the summer,
remaining several months. We had supposed that while there,
James worked for his board, or paid for it in some way.
But Mr. Ford now claims he never received anything from
Denny and that Denny owed him during many years for board
&c. His claim is very large, something like three hundred
pounds (300œ). The administrator consulted us about these
claims, and we have advised him to reject and resist them,
which he is doing. The procedure is now to have the
amounts adjusted by a referee as in an ordinary action for
debt. It will, I trust, not take long to ascertain the
merits of these claims. If they are invented or exaggerated
claims, we shall, doubtless, be able to upset, or materially
reduce them. If valid we may effect a reasonable compromise.
In any event, we cannot avoid the delay consequent on
There are several other matters connected with the Denny
estate which require consideration and action before the
administrator finally accounts. Some of these I talked
over with you last summer. I refer particularly to the
ascertainment of the condition of the property and its
exact amount when it went into the hands of Thomas Denny.
In this investigation we do not make any great progress
either because the estate was never appreciably larger
than the amount we already know, or because Thomas Denny
and his advisers have been too sharp to leave any tracks
behind them, - they had, you will remember, fully two
years in which to cover up deficiencies before we could
begin investigations; Denny died June 1890 and the last
will was refused probate June 1892. However, we are
now approaching the time when we can expect as full a
disclosure as we may ever hope to have. The other matters
are mostly details, such as appearances of parties and
the like, which may take a little time in arranging, but
do not, I apprehend, involve any particular legal
complications. The main difficulties in the way of
a speedy distribution of the estate are therefore the
disputed claims mentioned. It may take some time to
dispose of these, or they may be compromised out of the
way in a few hearings. We shall give all needed attention
to these several matters. You may expect to hear from us
again before long thereupon. I would have written
oftener had there been anything of importance to communicate.
Since my return the health of myself and family has
shown the beneficial effects of our trip last summer,
but we have nevertheless been somewhat oppressed by the
severity of our present winter, which has been of unusual
rigor. I trust yourself and family are in good health, and
that a family-party trip is being planned to our Chicago
Fair in 1893. Remember me kindly to Mrs. Peel, and to
those other members of your family and friends I was
privileged to meet when in Armagh. I shall always have
pleasant memories of that ancient town by reason of your
kindness and hospitality. Kindly advise me of any matter
of interest and believe me as ever,