Fr T.J. Linane, From Abel to Zundolovich, Vol. 1, 1979, p 34:

Byrne, Denis J., Rt. Rev., V.G., Irish
Long Reign in Dalby, Queensland
b. Dublin 1835 (Circa); details of seminary training unknown. Worked in Drayton, Toowoomba area from 1866-8. Described by Abp. Duhig in his book 'Crowded Years' as a refined and cultured gentleman. He was then transferred to the prosperous town of Dalby where he remained 39 years, becoming a Monsignor and Vicar General of the Bris. Archdiocese. He was an asthma sufferer all his life. d.6.11.1907; age 72. Burial: Dalby Cemetery.
(Footprints, Vol. 1, No. 10)
Ref.: MDHC File, Torquay drawn up from letters received from Bris. researchers.

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Prayer Calendar: Deceased Priests who have ministered the Catholic Faith throughout Toowoomba and districts, 1864–2025, Compiled by Annie Carrett, Diocesan Archivist, 2001, Updated by Gabrielle Saide, Diocesan Archivist, 2023:
Rt Rev Denis Joseph Byrne, VG, died 6 Nov 1907

Born in Dublin c1835. The details of his seminary training are unknown. Worked in Drayton and Toowoomba area from 1866-1868. He is described in Archbishop Duhig's book Crowded Years as a refined and cultured gentleman. He was then transferred to the prosperous town of Dalby where he remained for 39 years, becoming a Monsignor and Vicar General of the Brisbane Archdiocese. He was an asthma sufferer all his life. He died, age 72, and is buried in Dalby Cemetery.
(Ref. Linane B142, Dalby Parish)

Reproduced by permission of Bishop Ken Howell.

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Denis M. Long, Pioneer and Early Priests, Archdiocese of Brisbane, Deceased or retired by 1929, 2021, pp 128-129:
Rt Rev Monsignor Denis J Byrne

Denis Byrne was born in County Wicklow Ireland in 1834.

At the close of his primary education he attended St Laurence O'Toole's College, Dublin. The rector of the college was John Henry Newman the illustrious cardinal, and the head of the house of studies was the late Rt Rev Dr James O'Quinn the first bishop of Brisbane. Upon Dr O'Quinn's appointment to Brisbane, Father Byrne was one of those who volunteered to labour in Australia under his auspices. Father Byrne had won high honours in the college at Carlow, and was ordained in 1865.(1)

He arrived in Brisbane on 3 January 1866 aboard the steamship Great Victoria. His first placement was as a curate at St Stephen's cathedral where he spent a short time ministering at South Brisbane. He was then appointed to Drayton/Toowoomba where he served till the end of 1868. In 1869 Father Byrne was appointed to the Dalby mission. In those days Dalby was one of the most prosperous towns on the Darling Downs. His mission extended all way to the west. Fr Byrne remained there for thirty nine years. He was created a domestic prelate with the title of monsignor and made a vicar-general of the Archdiocese of Brisbane.(2)

Monsignor Byrne died at 11.30pm on 6 November 1907. At the age of 70 and a long time asthma sufferer he had been ill for some time. A bout of bronchitis proved fatal. His funeral took place the day after his death. Rev Fr Denis Fouhy of Toowoomba and the Dalby curate Fr Thomas Nolan officiated. Monsignor Denis was buried in the Dalby cemetery. The Brisbane Courier said: he was well-known, and was very popular throughout the district.(3)

Following his death his last will and testament was published in many newspapers. His estate was valued of £37,336 - a large amount of money in those days.

The will (dated the 11th day of March, 1904) of Denis Joseph Byrne, late of Dalby, Roman Catholic clergyman, who died at Dalby on the 6th day of November, 1907, was proved on the 10th day of April, 1908, by Robert Dunne of Brisbane, Roman Catholic Archbishop of Brisbane, and Denis Fouhy, of Toowoomba, Roman Catholic clergyman, the executors named in this will – realty, nil, personalty under £37,336.
By his will, the testator after disposing of certain chattels directed that the sum of £200 should be distributed among the Roman Catholic priests for religious purposes, and £50 for the erection of the monument over his grave and made the following bequests:-
To the Magdalen Asylum, £200; To the Dalby General Hospital £100;
For a bursary in a Roman Catholic Ecclesiastical College to be awarded by the Roman Catholic Archbishop according to his judgement, £1000.
To his brother Andrew Byrne, £1000; to his sister Elizabeth Byrne, £1000; to his sister, Anne Byrne, £1000; to his nephew, James Byrne £500; to Pia Douse, £50.
To the Sisters of Mercy, Dalby, to be expended in their convent, £500.
For a bell for the Roman Catholic Church Dalby, £100.
All such legacies to be free of duty. He further directed the residue of his estate to be handed to the Roman Catholic Archbishop of Brisbane, to be expended as his Grace might judge most conducive to the good of religion in this diocese.(4)

One of the beneficiaries, James Byrne a next of kin, appealed against the validity of will. The matter came before the Queensland Full Court on 12 May 1910:

"The court held that the residuary estate is bequeathed upon a good charitable trust which cannot fail as a violation of the rule against perpetuities, and which does not fail for uncertainty or for any other reason. And in our opinion the residuary estate should be handed to the archbishop as the person to whom the testator has committed the administration."(5)

The legal team for Mr James Byrne appealed to the High Court of Australia.

"One question for determination was the validity, or otherwise of the residuary bequest. The appellant challenged the validity on two grounds, firstly, that the word 'wholly or in part' did not define with sufficient exactness, which part of the testator's residue was earmarked for the trust, and secondly that the words 'such purposes as he may judge most conducive to the good of religion' bound the archbishop to expend the fund, not for religious purposes, but for such purposes as he might think conducive to religion'.(6)

The Federal High Court issued its judgement on 16 December 1910:

"The High Court, Justices O'Connor and Higgins dissenting, decided that the bequest was not a good charitable bequest, and declared it to be null and void so much of the will as made it."

The executors appealed the decision. In July 1911 it was reported that the Judicial Committee of the Privy Council has given special leave to appeal the Federal High Court's judgement.(7)

In March 1912 the Privy Council's judgement was received:

The late Rev Denis Joseph Byrne, of the Catholic mission at Dalby, in the State of Queensland, bequeathed the residue of his estate to the Catholic Archbishop of Brisbane and his successors, 'to be used and expended wholly or in part as such Archbishop may judge most conducive to the good of religion in this diocese'. On appeal to the Judicial Committee of the Privy Council the bequest has been declared void upon the ground that this was not in terms 'a gift for religious purposes'. The words were too wide and indefinite.(8)

In the Supreme Court of Queensland on Friday 8 November 1912, the solicitors for James Byrne were appointed executors for the residue of the estate. The beneficiaries of the residue were to be the next of kin of Fr Byrne. It was reported that the residuary estate likely to be distributed would be about £26,000.(9) (10)

The Byrne Case raised questions about church finances. Prior to the registration of the Corporation of the Trustees of the Archdiocese parish funds were often held in the name of a parish priest. Bishop Quinn held diocesan assets in his name. For many years, following his death funds were distributed from the James Quinn Trust. Later Archbishop Duhig often purchased church land in his own name. This irregularity was rectified in Duhig's latter years by the diocesan chancellor Fr Frank Douglas, the son of a late judge of the Supreme Court of Queensland.

Footnotes
1. Freeman's Journal, Sydney, 21 Nov 1907, p. 25.
2. Toowoomba Priests' Prayer Calendar, Toowoomba Diocesan Archives.
3. Brisbane Courier, 7 Nov 1907.
4. Queensland Times, Ipswich Herald and General Advertiser, 18 Apr 1908, p. 13.
5. Week, Brisbane, 20 May, 1910, p. 23.
6. Telegraph, Brisbane, 29 Nov 1910, p. 5.
7 Brisbane Courier, 3 Jul 1911, p. 7.
8. Catholic Times, Apr 1912.
9. Queensland Times, Ipswich, 11 Nov 1912, p, 7.
10. RBA, inflation calculation, values this as $3,000,000 in today's values.

Reproduced by permission of Fr Denis Long.