THE HIGH Court has found the estate of a widow who left her allegedly violent husband many years ago was entitled to some of the proceeds of the later sale of the family home by her stepchildren.
Mr Justice Roderick Murphy rejected claims by Maureen Moore (71) – who had died in August after evidence in the case concluded, but prior to judgment – that the children of her late husband, John G Moore, had acted fraudulently by obtaining a death certificate in her name. Mrs Moore, Laburnum Square, North Road, Drogheda, Co Louth, had sued John and Maria Moore over the sale in 2002 for €254,000 of the house at Mount Tallant Avenue, Harold’s Cross, Dublin. Mr Moore snr died intestate in 1996.
Yesterday, Mr Justice Murphy said while Mrs Moore was entitled to damages arising out of the sale of the property, there was “no evidence of fraud” by John and Maria Moore. The judge said the defendant children had made “an honest mistake” when they obtained a death certificate for a different Maureen Moore.
The judge dismissed the stepmother’s application for an order requiring Nadine Chetty, who purchased the property in October 2002 but lives in the Middle East, to deliver up the property to her.
Mrs Moore, whose action was continued by her personal representative, claimed her stepchildren had unjustly and fraudulently enriched themselves by selling the property. Both John Moore (43), Woodstock Park, Knocklyon, Dublin 16, and his sister Maria (41), Oakdale Crescent, Ballycullen, Co Dublin, denied fraud or that they knew or ought to have known the death certificate was not that of the plaintiff.
They said they searched for the plaintiff, were unable to locate her and genuinely believed she was dead. They claimed Mrs Moore left in 1982 but was not forced out and that before he died John G Moore was in sole and beneficial occupation of the property.
Mrs Moore claimed she had to leave the house because of threats from her husband, and she moved to Belgium. She returned to Ireland after many years and discovered her husband had died and the house had been sold.
The court heard a death certificate obtained by the stepchildren in 2000 was for a Maureen Moore of Kilmacud, Dublin, who died in 1995. Mrs Moore claimed that certificate was obtained to defeat her title to the house.
Mr Justice Murphy said he was satisfied the defendants made an honest mistake. He said they did try to ascertain the whereabouts of Mrs Moore but may have been less than thorough in identifying that the woman who died in 1995 was not their stepmother.
In the circumstances, “it would seem that there might be an entitlement to damages and costs” for Mrs Moore’s estate. The judge has adjourned the matter to early next year to allow the parties consider the issue of damages.