A typographical error which occurred during the typing of a will in a solicitor's office led to the will stating that one-fifth of a substantial estate of a widow in Dublin was bequeathed to her niece "Joan Barnewell" when the widow's intention was that it go to her nephew "John Barnewell", the High Court heard yesterday.
After hearing submissions and being told there was no dispute that a genuine error had been made, Mr Justice Iarfhlaith O'Neill granted a declaration that the one-fifth share in question be held in constructive trust for John Barnewell, of Lakelands Close, Stillorgan, Dublin.
The court was told that Mary Carmel O'Neill, late of Leeson Park Nursing Home, Dublin, and formerly of Hillside Drive, Churchtown, had died on August 13th, 2002.
A will made on July 2nd, 2001, in circumstances where Ms O'Neill wished to make some bequests at that stage to several persons (including Joan Barnewell for the sum of €12,697) had stated that the residue of her estate was to be divided equally between her late husband's niece and nephew, Caroline Smith and Stephen O'Neill, and "Joan Barnewell, Dermot Barnewell and David Barnewell, the children of my late brother, Cornelius Barnewell".
Proceedings were brought by John Barnewell who claimed that Ms O'Neill had not intended to name his sister Joan Barnewell as a residual legatee but rather intended to benefit him. A previous will made by Ms O'Neill in 2000 had named him, he said.
When the case came before Mr Justice O'Neill yesterday, he was told by Michael Counihan SC, for John Barnewell, that, on the face of it, Ms O'Neill's last will was quite clear in leaving one-fifth of her substantial estate to Joan Barnewell.
However, this was a typographical error which occurred in the offices of the solicitor who drafted the will.
The judge was told that, after taking instructions from Ms O'Neill in May 2001, her nephew Dermot Barnewell sent a letter enclosing a draft of a new will to solicitor Anne Colley's offices at Main Street, Dundrum, which draft was based on a will made one year earlier and had referred to "John Barnewell".
However, when the will was typed up, the reference was to "Joan Barnewell".
Mr Counihan said it was not Ms O'Neill's intention to benefit Joan in that regard and it was accepted by Ms Colley that it was a typographical error.
Counsel said judgment was obtained against Joan Barnewell, of Martin Street, Portobello, in December 2004.
