A woman suing over the estate of her mother has denied suggestions by her brother, retired High Court judge Barry White, that she was suffering from delusions.
Aideen Doyle, otherwise Clodagh White, is suing two sisters, as administrators of their mother's estate, claiming she is owed at least €350,000 as her share of an extra €2.5 million-€2.9 million which, she claims, could have been achieved from the sale of the family home.
The property "Chimes", on Mount Anville Road, Goatstown, Dublin, was sold in 2007 for around €16 million, representing the bulk of the estate.
Niamh and Derval White, both of Mount Anville Road, Goatstown, were administrators of the estate of their mother, Emily G White, who died in April 2001. Emily and her husband Kevin had seven children.
Ms Doyle says there was an offer of €19 million from developer Niall Mellon on the table at the time and claims the sisters rejected that in breach of their duty as administrators of the estate.
She says she is entitled to at least €350,000, plus interest, representing a one-seventh share of the additional amount that could have been achieved in the sale.
The court has heard Ms Doyle, of Coliemore Road, Dalkey, Dublin, has been estranged from her family for years and at one time was living in hostel and bed and breakfast accommodation.
Evidence
On Wednesday, Barry White gave evidence on behalf of his two sisters, who deny Ms Doyle’s claims. Mr White said there were doubts over the offer from Mr Mellon, whom he described as a “maverick”.
His sisters deny they rejected advice from auctioneering experts on the sale or that a genuine €19 million offer was received or that Ms Doyle suffered loss as alleged. They also deny her claim she was paid €1.2 million from the estate in 2002.
When the case resumed on Thursday for submissions before Mr Justice Richard Humphreys, Desmond Murphy SC QC, for Ms Doyle, said she wished to refute evidence given on Wednesday by Mr White that she suffered delusions. She was upset over that and wanted to submit psychiatric reports to the court, counsel said.
Ciarán Foley SC, for the administrators, objected, saying Ms Doyle had finished testifying and could not now submit those reports.
After the judge said the time to dispute evidence is during cross-examination, Mr Murphy said he would leave the matter to the court, but wanted it recorded Ms Doyle was not accepting the evidence of Mr White.
Ms Doyle claims she was told by a number of people she was fostered to the Whites. While treated as a member of the family, she says she was not the natural daughter of Emily and Kevin White.
Against advice
In submissions to the court, Mr Murphy argued the defendants went against the advice of experts when the Mellon offer was available. At no stage during the evidence was it suggested Mr Mellon was a charlatan or did not have the money to pull off the deal, counsel said. He was a “genuine bidder” and the administrators were not entitled to “gamble with the estate”.
Mr Foley, for the administrators, said the court had to take into account the credibility of Ms Doyle and her mindset. This case came against a background of claims by Ms Doyle she had been a “swapped baby” and where she had, in her evidence, “played ducks and drakes” with the court.
Ms Doyle had a caring sister who paid for her VHI because she had epilepsy and had also suffered a brain injury, counsel said. There was no doubt there was evidence of concern in the family for her, but it was quite clear she had a “perturbed mind”.
Mr Justice Humphreys adjourned the case for completion of submissions.
