A 41-year-old taxi driver and former bank official yesterday claimed in the High Court he was the joint owner of a winning €450,000 Lotto ticket which his elderly aunt had presented to the National Lottery headquarters in February 2006.
Gary Ellison went to the lottery headquarters with her, signed the back of the ticket with her and also signed the standard declaration form saying he was part of a syndicate with his aunt. The cheque was made out solely to his aunt and lodged in an account solely in her name. Kay Ellison, of Dolphin Road, Drimnagh, Dublin died in April 2007.
In the will which became available in February 2008, she had left just €1,000 to her nephew Gary Ellison, the plaintiff, of Templeville Avenue, Templeogue Dublin, the court heard.
The bulk of her estate, including the money from the lottery win, went to her brother, Liam Ellison, of Templeville Drive, Templeogue, Dublin, an uncle of the plaintiff.
Liam Ellison (79), defendant, a retired company director, claims he was in a Lotto syndicate with his sister for the best part of 18 years and he, not Gary Ellison, was the joint owner of the winning ticket. Ms Ellison bought the €4 quick pick in the Spar shop in Lower Camden Street, Dublin on January 28th, 2006.
Gary Ellison told the court he was very close to his late aunt and was her Godson. Since the summer of 2002 he had jointly played the Lotto with her, and each Thursday when he called with her shopping he would give her €4 to cover both the Wednesday and Saturday draws. Ms Ellison would always purchase the tickets.
On January 28th, 2006, during his regular Saturday night visit, sometime after 8pm his aunt opened the door to him to say “we’ve done it”, he told the court.
Two weeks later he accompanied his aunt to the National Lottery office and he signed the back of the ticket with her and the declaration form.
He then went with her to the Bank of Ireland in Camden Street where the manager knew her, and the money was lodged into an ICS building society account solely in her name. He only became aware of his uncle’s claim that he was the half-share winner when probate was granted in 2008.
Under cross-examination by Patrick Hunt SC, for the defence, Gary Ellison denied seeking a loan from his aunt to buy a taxi or harassing her for money. “The case my clients will make is that you were asked to ferry your aunt to the National Lottery headquarters and that you opportunistically signed the back of the ticket and waiver form,” Mr Hunt put it to the plaintiff.
The case continues.