Clare family move towards resolving bitter will dispute

A Co Clare family appear to have resolved a bitter court dispute over a contested will.

Judge Carroll Moran was told in Ennis Circuit Court yesterday that there had been a development in the case and the matter could be adjourned until July 19th. The court was told significant progress had been made.

At Kilrush Circuit Court last February, Judge Moran warned the Fitzgerald family from Kilkee that if they did not reach a settlement, there could be a rupture in the family for generations to come. At stake was a €700,000 estate left by bachelor farmer Denis Fitzgerald (69) to his nephew, Robert, and his (Denis's) brothers, Tom and Paul. His sister, Kathleen Allen, who lives in Florida, wanted the will overturned.

The court had been told that Mr Fitzgerald made his last will, according to a witness, "through gritted teeth" in his hospital bed on November 28th, 2001, two weeks before he died from a brain tumour.

The mother of the chief beneficiary, Robert Fitzgerald, told the court she supported Denis's wrist while he signed his will. Under cross-examination, Bridget Fitzgerald said: "I supported his hand because his hand was lapsing. I did it because I felt sorry for him and I asked the solicitor, Michael Ryan, if it was legal to hold his hand?" Mrs Fitzgerald told the court that if her son, Robert, a married man with four children, lost the farm, "his life would be ruined and he would have nothing else to fall back on".

Mr Ryan told the court he was satisfied that Mr Fitzgerald had the capacity to make his will on November 28th. He said: "He spoke through gritted teeth at the hospital and his energy was diminished, but he was still in command of his faculties."