Pensioner says she doesn’t want to hear daughter’s name in bitter land dispute

An 89-year-old woman told a court she didn’t want her daughter’s name mentioned during a court battle over a farm left in a contested will.

Pensioner Nora Gildea became involved in heated exchanges with barrister Peter Nolan during the case which is being heard at Donegal Circuit Civil Court in Letterkenny.

At one stage the pensioner was asked about her daughter, whom she has not spoken to for a number of years.

Mrs Gildea replied “Don’t f***ing talk to me about that woman. I don’t want to hear her f***ing name.”

The case has divided the families, who have sat on opposite sides of the courtroom during the hearing.

Mrs Gildea is contesting land left to her daughter Nora Kelly by Ms Kelly's uncle, William John Kennedy, when he died in 2007.

In total, there are four people claiming the 12 hectare farm located at Correnagh, just 5kms outside Letterkenny in Co Donegal. Ms Kelly is seeking to establish ownership of the farm, while Mrs Gildea is claiming some of the lands.

Mrs Gildea’s sons are also claiming some of the land: Christopher is claiming the entire farm while Daniel is claiming ownership to a shed and some land around it.

Mrs Gildea had to be helped into the witness box yesterday to give her evidence.The mother of nine said she worked on the farm for her brother while also rearing her children and that was why she was claiming the land.

'Forced will'
"That land never belonged to Willie John Kennedy, it was owned by John Kennedy. That was a forced will," she said, in reference to a granduncle who died in the late 1930s.

Mr Nolan put it to Mrs Gildea that she never worked the land but was only making claim to it after Willie John Kennedy died in 2007 and it was left to her daughter.

“Are you seriously telling me that you had nine children under 10 years of age and you worked the land as well? I put it to you that it was impossible to do that.

"I suggest after Willie John died you got advice from some fireside lawyer that you had a right to this land and this is why you are here today."

Grazing sheep
Christopher Gildea (65), a brother of Ms Kelly and son of Mrs Gildea, claimed he was only seeking grazing for his sheep despite looking to claim ownership of the entire parcel of land. He said he had been grazing his sheep on the land since 1971 and admitted he also owned and rented another 110 acres of land.

Mr Nolan said: “So what, you were grazing it? Does that entitle you to own the land? You used the land for your own benefits and got free grazing and were happy with that. When Nora Kelly came along and said she wanted the land after getting an injunction you wrongly claimed it.”

James McMonagle, a son-in-law of Mrs Gildea, admitted he went onto lands where his mother-in-law had horses to feed the animals. He then claimed he was approached by members of the Kelly family who hit him with a torch.

But Mr Nolan replied "It was you who attacked Ms Fiona Kelly and scratched her in the face."

The case has been adjourned until today for summing up before Judge Mary Faherty, when a decision is then expected.