The Supreme Court has reserved judgment on an appeal by the chief executive of Dunnes Stores, Mrs Margaret Heffernan, against a High Court ruling removing her as executrix of the estate of her late sister, Ms Therese Dunne.
Last April, the High Court appointed a Dublin accountant, Mr Garret Wren, to administer the estate, worth about £22 million. Mr Justice Smyth said the continuation of Mrs Hefferan as executrix would be detrimental to the estate's welfare. The proceedings had been taken by Mrs Heffernan's brother, Mr Ben Dunne.
Ms Dunne died in September 1995, having made a will. Probate issued in November 1995, and the net distribution value was £22.5 million. Mr Dunne contended that Mrs Heffernan failed fundamentally in her duties as executrix, particularly in furnishing an affidavit to the Revenue Commissioners about the value of Ms Dunne's 265 preference shares in the Dunnes group of companies.
In the High Court, Mr Justice Smyth said Mrs Heffernan, as executrix, had sworn an Inland Revenue affidavit in which the 265 shares were returned at a value of £1 each. Mr Dunne's solicitor had claimed his client was concerned the shares had not been returned at their correct value.
Mr Justice Smyth said he was not concerned with the correct value of the shares. Mrs Heffernan contended the correct valuation was returned to the Revenue and also contended that, even if that was wrong, it was none of her brother's business.
He said Mr Ben Dunne appeared to have felt so frustrated and excluded from what he considered his legitimate concerns that, in June 1996, he had issued legal proceedings. The administrator was appointed after what the High Court judge described as "the unspoken but clear antipathy of the litigants towards each other".