This article is from page 9 of the 2007-07-31 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 9 JPG
An east Clare widow is refusing to give-up lands valued at €1.4 million to allow the lands be sold on, a court hearing into a family land dispute has been told.
At Ennis Circuit Court last Friday, Marie O’Halloran contested an ac- tion by her sister-in-law, Josephine Barry (72) to have her vacate 66 acres of farmland two and half miles from Tulla.
Mrs O’Halloran told the court that her late husband, Stanley O’ Halloran, reached a deal in the late 1970s with the owner of the farm, his late broth- er, Michael to purchase the lands for £65,000.
Mrs O’Halloran also told the court that Stanley paid different sums of
cash over the years to Michael, who was a bachelor farmer.
However, counsel for Mrs O’Halloran, Leonard Parker BL, acknowledged that no record of the agreement existed, nor had Mrs O’Halloran been able to recover any record of cheques paid by Stanley to Michael due to the time that had elapsed.
In evidence, Josephine Barry dis- missed the monies paid by Stanley O’Halloran to Michael as “pocket money’ and said that she had no knowledge of the alleged deal be- tween the two to sell the farm to NEDA
Mrs Barry’s sister, Ida Rohan told the court, “If there was a deal, it wouldn’t hold water.”
Counsel for Mrs Barry, Gerry Kie-
ly BL, said that Michael O’Halloran died aged 64 in May 2004 intestate and that without a will being made, his farm was divided three ways, be- tween his two sisters, Mrs Barry and Ida Rohan and Stanley O’Halloran.
Stanley died four months later aged 68 and his share passed onto his wife, Marie O’Halloran.
Mr Kiely said that Michael O’Halloran was diagnosed a chronic schizophrenic in the 1970s and evi- dence would be given from a con- sultant psychiatrist that he wouldn’t be capable of entering any agreement to sell his lands.
A retired school teacher and admin- istrator of the estate, Mrs Barry told the court that her brother, Michael was first admitted to psychiatric care in the winter of 1973-74.
He was admitted again in 1985 and stayed in institutional care until his death in 2004.
Mrs Barry said that Stanley “com- mandeered Michael’s lands after he was admitted in 1985 and moved his animals onto the lands without consulting anyone’ and that Mrs O’Halloran was now refusing to re- move the animals from the lands.
Mrs Barry said that at Michael’s ‘month’s mind’ Mass in June 2004, Stanley approached her, said “what about Mike’s land?” and offered €100,000 to each of his sisters for his brother’s farm.
Mrs Barry said that she was sur- prised that Marie O’Halloran was now laying claim to all the lands. She said: “Everyone was due to get their fair share and I was surprised that
someone was being greedy in look- ing for more than their one-third.”
She said, “I don’t accept that there was any agreement between Stanley and Michael over the lands. Michael only had €1,100 in his account when he died and €300 of that was put through by my eldest son days before he died.”
Mr Parker told Mrs Barry, “Mrs O’Halloran wants to keep the lands for her two sons and waive any right she has to the lands”’.
Mrs Barry said, “We can’t all do what we like. I have four sons too.”
Mr Parker said that Mrs O’ Halloran had made an offer of €400,000 to the two sisters to purchase the lands in April 2006, but this was rejected.
Evidence in the case is in the au- tumn.