Individual Details
Denis TREACY
(Abt 1832 - 19 Mar 1899)
Denis and his brother, Thomas, were engaged in a bitter legal dispute in the late 1860s and early 1870s over their mother's will. According to an account of the case in The Nenagh Guardian of 14 June 1873, the will had stipulated that their mother's 14-acre farm [I have come across another report that says it was 24 acres] was to go to her elder son, Thomas, who was then to pay Denis £300 within two years. If Thomas did not pay the £300 within that time period then Denis was to get the farm and pay Thomas £300. The will, which was described by the judge in the 1873 case as having been "drawn up by an ignorant attorney's clerk", could not be proved, resulting in a dispute between the brothers that lasted until 1872, nearly eight years later. The Nenagh Guardian account does not give details as to the exact origins of this first dispute but it does tell us that throughout the lengthy litigation period Thomas and Denis lived together on the farm and managed it jointly. The will was finally proved in November 1872; according to The Irish Calendar of Wills and Administrations, probate was granted on 28 November 1872 to Denis “under decree 15 November 1872 Treacy v Treacy'”. At this point it appears Tom offered the £300 to Denis who refused it on the grounds that Tom had forfeited the farm by not paying him the £300 within two years of their mother's death, despite the fact that the will had not been validated. Denis ended up losing the second case, the Nenagh Guardian telling us the judge ruled that Denis "was not entitled to rely on the alleged forfeiture and therefore he continued the injunction to restrain the defendant [Denis] from proceedings to obtain possession of the farm as against the plaintiff [Tom]. The plaintiff should lodge in court £300 within a month... the brothers in the meantime remaining conjointly in possession of the farm". The legal battle continued and, for reasons I have been unable to discover, the Court of Chancery eventually decreed that Denis should have the farm, from which Thomas was subsequently evicted, necessitating a move for him and his family to nearby Tipperary town where he found work as a labourer. It is not known when exactly Denis was awarded the farm but it was probably around 1875, 10 years after his mother's death, as it appears Thomas moved to Tipperary in 1875.
The dispute had been vicious, with accusations and violence on both sides. For instance, three court cases were brought relating to incidents that allegedly took place on 16 June 1873: Edmond (Ned) Carey of Soloheadbeg, father of Tom's wife, Mary, claimed that Denis had assaulted him and had struck him with a stone; Denis claimed that Ned had "threatened to take away his life" and that his (i.e. Ned's) wife, Mary, had "threatened to take away his life". All three cases were dismissed. The situation became even more serious when, on 3 August 1873, Denis fired a shot through a window, narrowly missing Ned's wife, Mary. Denis's defence was that he was aiming at a dog. Then, on 11 October 1873, Denis savagely kicked Thomas's wife, Mary, who was pregnant with her first child, John, who died a few months after birth, although there is no evidence his early death was linked to the attack. Denis was sentenced to two years in prison for the assault. On 16 July 1874, while Denis was in prison, his sister Johanna Hayes, who had taken his side in the dispute and whose husband, Michael, was running the Treacy farm in Denis's absence, was shot dead. Thomas, along with the aforementioned Ned Carey and Ned's son, Edmond, were taken into custody but later released. The identity of Johanna's murder was never determined.
Denis died of pneumonia aged 67.
The dispute had been vicious, with accusations and violence on both sides. For instance, three court cases were brought relating to incidents that allegedly took place on 16 June 1873: Edmond (Ned) Carey of Soloheadbeg, father of Tom's wife, Mary, claimed that Denis had assaulted him and had struck him with a stone; Denis claimed that Ned had "threatened to take away his life" and that his (i.e. Ned's) wife, Mary, had "threatened to take away his life". All three cases were dismissed. The situation became even more serious when, on 3 August 1873, Denis fired a shot through a window, narrowly missing Ned's wife, Mary. Denis's defence was that he was aiming at a dog. Then, on 11 October 1873, Denis savagely kicked Thomas's wife, Mary, who was pregnant with her first child, John, who died a few months after birth, although there is no evidence his early death was linked to the attack. Denis was sentenced to two years in prison for the assault. On 16 July 1874, while Denis was in prison, his sister Johanna Hayes, who had taken his side in the dispute and whose husband, Michael, was running the Treacy farm in Denis's absence, was shot dead. Thomas, along with the aforementioned Ned Carey and Ned's son, Edmond, were taken into custody but later released. The identity of Johanna's murder was never determined.
Denis died of pneumonia aged 67.
Events
| Birth | Abt 1832 | probably Soloheadbeg, Co. Tipperary | |||
| Marriage | 5 Feb 1894 | Anacarty, Cappagh, Co. Tipperary - Bridget ALLIS | |||
| Death | 19 Mar 1899 | Soloheadbeg, Co. Tipperary | |||
| Burial | Kilfeacle Cemetery, Co. Tipperary |
Families
| Spouse | Bridget ALLIS (1863 - 1941) |
| Child | John (Seán) J. TREACY (1895 - 1920) |
| Father | John TREACY (1787 - 1848) |
| Mother | Mary LOOBY (1795 - 1865) |
| Sibling | Catherine TREACY (1818 - ) |
| Sibling | Thomas TREACY (1821 - 1895) |
| Sibling | Ellen TREACY (1824 - ) |
| Sibling | John TREACY (1827 - 1848) |
| Sibling | Mary TREACY (1831 - 1844) |
| Sibling | Johanna TREACY (1834 - 1874) |
| Sibling | Bridget TREACY (1838 - ) |