A DISPUTE over the will of a Co Louth farmer between his family and a woman who married him in his later years reached a settlement in the High Court yesterday.
The case had been taken by the family of the late Mr William McDowell, who died in December 1995. His estate included the family home and 146 acres at Haynestown, Dundalk, Co Louth.
Taking the action was his brother, Mr Richard McDowell, sister, Ms Mary McDowell, and two nieces, Ms Mary Louise McDowell and Ms Emily McDowell against a solicitor, Mr Donough McDonough, and Ms Florence Lavelle, Haynestown.
Mr Pat Hanratty SC, for the family, opened the case to Mr Justice Moriarty before the sides began out-of-court discussions and settled. Members of each side then shook hands in the middle of the round hall of the Four Courts. Mr Hanratty read out the terms of settlement.
The family had claimed the late Mr McDowell made a new will in November 1992, disinheriting his family in favour of Ms Lavelle in circumstances where he had no capacity to do so due to mental infirmity.
They contended that Ms Lavelle imposed her will on Mr McDowell who had Parkinson's disease and pre-senile dementia and that she purported to have a marriage service to Mr McDowell, in June 1992 in a Catholic church although the family was Presbyterian.
In the defence, Ms Lavelle claimed that Ms Mary McDowell, who lived in the family home, accepted the payment of substantial money from her in settlement and discharge of any claim to the estate.
She denied the will was invalid or that the marriage was void. She denied the marriage was procured through duress or that Mr McDowell did not possess the mental capacity to execute a valid will in November 1992.
After the settlement, Mr Hanratty read out the terms in court. The terms were that Ms Lavelle would pay the sum of Pounds 125,000 to the family's solicitors by January 7th, 1998.
The payment of the sum was to be secured by a charge on the lands in Co Louth to be executed by Ms Lavelle. The said charge was to provide for interest from January 7th, 1998, such interest to be payable on the sum, or any unpaid balance.
The entire shareholding of Mr McDowell in the private limited company, Dundalgan Press (W. Tempest) Ltd, of Francis Street, Dundalk, Co Louth, and the proceeds of sale of any portion which had already been sold, should be transferred by Mr McDonough to Mr Richard McDowell or his nominees within seven days, Ms Lavelle consenting to the transfer.
The will of Mr McDowell made in November 1992 was to be admitted to probate in the common form. All caveats to the wills of Mr McDowell to be discharged.
All claims by the family in the proceedings would be withdrawn and they would be struck out with no order as to costs, with liberty to re-enter.
Mr Richard McDowell or his nominee would agree to purchase of the shareholding in Dundalgan Press by Mr Vincent McQuaid; in the event that they were not purchased by the company, the price to be determined in accordance with the articles of association.
The two defendants would discharge any account due to an estate agent and the family would agree to make a contribution of 50 per cent of the bill up to a maximum of Pounds 2,500 with VAT.