A High Court judge has been asked to decide whether a Cork farmer who died three years ago,leaving an estate valued at more than €3.5 million, had intended to benefit his sister or his niece with a major portion of that estate.
The proceedings have been taken by the executors of the will of Edward Godfrey (79), Newtown, Bantry, Co Cork, who died on October 14th, 2001.
He made his will on March 31st, 1998, and a grant of probate issued on November 19th, 2002. The estate includes a house, farm buildings and lands.
Mr Brian Spierin SC, with Mr Vinog Faughnan, for the executors, said that while the executors valued the estate at €3.5 million, other valuations were for greater sums. There were a number of affidavits in the case which contained extrinsic evidence as to whom Mr Godfrey had intended to benefit.
Mr Spierin told Ms Justice Carroll the executors were adopting a neutral stance and would administer the estate as the court directed. The executors are Mr John Minihane, a farmer, Carrigboy, Donemark, Bantry, and Mr James O'Connor, a forester, Newtown, Bantry.
The defendants are Ms Ann Godfrey, a Southern Health Board employee, Wilton, Cork, formerly of Kenmare, Co Kerry; Ms Anne O'Sullivan, a housewife, The Square, Kenmare; Ms Maeve Barrett-Boyle, Milltown, Dublin, who was joined in the proceedings to represent the next of kin of Mr Godfrey who were living at the date of his death; and Mr John Godfrey, Mucksnaw, Kenmare, who is disabled and in an institution, and who is named as a beneficiary.
Mr Godfrey's will left small sums to a number of individuals and contained a clause bequeathing "all the rest, residue of my estate" to "my niece Mrs Anne O'Sullivan, 3 The Square, Kenmare". The will directed her to set aside a moiety for his nephew, Mr John Godfrey.
Ms Justice Carroll is being asked to determine whom the late Mr Godfrey had intended to benefit by the gift of a share in the residue "to his niece Mrs Anne O'Sullivan".
The judge must decide whether he meant his niece, Ms Ann Godfrey, or his sister, Ms Anne O'Sullivan.
In the alternative, she is being asked to decide whether Mr Godfrey intended to benefit his sister, Anne O'Sullivan, and what is the nature and extent of the benefit - if any - conferred on Anne O'Sullivan or Ann Godfrey.
The judge has also to determine whether the purported gift to Anne O'Sullivan or Ann Godfrey is void because of uncertainty and should therefore be distributed among various relatives on the basis of intestacy. The status of the bequest to Mr John Godfrey is also raised.
As the case adjourned until today, Ms Justice Carroll told the lawyers in the case: "If the parties have been talking, there are plenty of hours between now and 11 tomorrow."