THE widow of the murdered Co Wicklow publican, Mr Thomas Nevin is to appeal her dispute with her mother-in-law over her husband's estate to the Supreme Court as she feels a question mark hangs over her character, the High Court was told yesterday.
Mrs Catherine Nevin earlier this month challenged a caveat entered by her mother-in-law, Mrs Nora Nevin, from Co Galway. Mr Justice Shanley refused to lift the caveat which was to prevent Mrs Catherine Nevin from administering the estate.
The judge, however, said that Mrs Catherine Nevin could collect in all the assets of her late husband's £250,000 estate, but she could not distribute them.
Yesterday Mr Barry White SC, for Mrs Catherine Nevin, said they would not be taking up the offer and were not seeking any limited form of grant. His instructions were to oppose the position. Notwithstanding what the judge had said in his judgment last week, Mrs Catherine Nevin felt that a question mark hung over her character and she was anxious that the matter might be aired in another court.
Mr Henry Bourke SC, for Mrs Nora Nevin, said that in these circumstances he would ask that Mr Nevin's mother be granted a limited form of administration. There were two properties which were let out at the present time.
Mr Justice Shanley said that he, had refused to lift the caveat and indicated the reasons. He offered the facility of taking the limited grant of collecting the estate but this had been declined by Mrs Catherine Nevin.
If Mrs Norah Nevin wanted to be granted a limited form of administration it would have to be grounded on an affidavit. If she wished to make an application if there was a risk of the assets being dissipated, then that would be the time to consider her application.
The judge said he would not make any order. He told Mr White that he could take the case elsewhere if he wished.
Mr White said that he had specific instructions to do so.
In his judgment last week, Mr Justice Shanley had said of Mrs Catherine Nevin. "She is entitled to her good name and a presumption of innocence. This court's refusal to clear off the caveat should not be seen as in any way reflecting on her innocence. This court has not functions in adjudicating on any allegation of a criminal kind."