IT WAS quite possible an elderly Dublin woman had been involved in two separate Lotto syndicates, one with her nephew and one with her brother, the High Court, sitting in Tralee, was told yesterday on the second and closing day of a case involving a family row over a ticket that won part of the main Lotto jackpot.
The late Kay Ellison, who the court was told “wouldn’t spend Christmas” and had lived in a shambles of a house in Dolphin Road in Dublin with a two-bar electric heater, had €600,000 to €700,000 in various accounts and investments before she won €450,000 in the Lotto, the High Court heard yesterday.
Her nephew, former bank official turned taxi driver Gary Ellison (41), who was left €1,000 in Ms Ellison’s will, claims that he was part of a syndicate with his late aunt, and is joint owner of the ticket and therefore entitled to half the €450,000 prize.
Mr Ellison, Templeville Avenue, Dublin 6W, said he was part of a Lotto syndicate with her since summer 2002. He was very close to his aunt and each Thursday would give her €4 to do the Lotto.
On the night of January 28th, 2006, on his regular Saturday night visit to his aunt, she opened the door to him and said: “We’ve done it.” She kept the ticket and asked him not to tell anyone about the win, he said. He expected to receive what he claims was his share of the money on her death.
Liam Ellison (79), of Templeville Drive, Dublin 6W, the brother of Kay Ellison and uncle of Gary, was the main beneficiary of her will and also its executor. He told the court that he, not Gary, was part of an 18-year Lotto syndicate and was “crystal clear” he was joint owner of the winning ticket.
Counsel for Gary Ellison, Cormac O’Dúlacháin, told Mr Justice Eamon de Valera “the real question” was who had a syndicate. “Was it Gary and Kay or was it Liam and Kay? It is entirely possible that Liam and Kay had a syndicate and that Gary and Kay had a syndicate. They are not mutually exclusive,” the counsel, said.
The judge said he was reserving judgment and invited closing submissions from both sides on February 25th.