Dispute over will could cause 'rupture' in family, judge warns

A Circuit Court judge last night warned a west Clare family in dispute over a will that there will be a rupture in the family for generations to come if they do not reach a settlement in their dispute.

At Kilrush Circuit Court, Judge Carroll Moran said hatred and bad feeling in the extended Fitzgerald family from Kilkee had been generated by the dispute.

In court yesterday, sister of the late Denis Fitzgerald, Ms Kathleen Allen, now living in Florida, brought an action seeking that Mr Fitzgerald's will be overturned.

In the will, Mr Fitzgerald bequeathed his farm to his nephew, Robert, the money from the sale of his home to go to his brothers, Tom and Paul and any residue to Robert. Andrew Sexton BL, told the court the value of the estate is €700,000, and Judge Moran estimated there are 13 other nephews and nieces who feel they might be entitled to something from the will.

Mr Fitzgerald made his last will "through gritted teeth" on his hospital bed on November 28th, 2001, two weeks before he died from a brain tumour.

The mother of the chief beneficiary, Mr Robert Fitzgerald, yesterday told the court she supported Denis's wrist while he signed his will.

Under cross-examination yesterday, Mrs Fitzgerald told the court: "I supported his hand because his hand was lapsing . . . I asked the solicitor, Michael Ryan, if it was legal to hold his hand." Mr Ryan told the court that his judgment was that it was a Christian thing to do and at that time, she was not aware that he had bequeathed the farm to her son.

Mrs Ftizgerald told the court that if her son, Robert, a married man with four children, lost the farm, "his life would be ruined."

Mr Ryan said Mr Fitzgerald's parting comments in two separate conversations he had with him were "I must make a will with you, because I'm leaving all the lands to Robert." Robert had worked on the farm for the previous 20 years, the court was told.

Judge Moran adjourned the matter to Ennis Circuit Court next Monday. Judge Moran said that if the sides cannot settle, he will give a judgment.