In a family land dispute, an east Clare widow is refusing to give up lands valued at €1.4 million to allow them to be sold on, a court was told yesterday.
At Ennis Circuit Court yesterday, Marie O'Halloran contested an action by her sister-in-law, Josephine Barry (72), to have her vacate 66 acres of farmland 2½ miles (4km) from Tulla, Co Clare.
Ms O'Halloran told the court that her late husband, Stanley O'Halloran, reached a deal in the late 1970s with the owner of the farm, his late brother, Michael, to purchase the lands for £65,000 (€82,500).
Ms O'Halloran also told the court that Stanley paid different sums of cash over the years to Michael, who was a bachelor farmer.
However, counsel for Ms O'Halloran, Leonard Parker, admitted that no record of the agreement exists, nor has Ms O'Halloran been able to recover any record of cheques paid by Stanley to Michael due to the time that has elapsed.
In evidence, Josephine Barry dismissed the money paid by Stanley O'Halloran to Michael as "pocket money" and said that she had no knowledge of the alleged deal between the two to sell the farm to Stanley.
Ms Barry's sister, Ida Rohan, told the court: "If there was a deal, it wouldn't hold water."
Counsel for Ms Barry, Gerry Kiely, said that Michael O'Halloran died aged 64 in May 2004 intestate and that without a will being made, his farm was divided three ways, between his two sisters, Ms Barry and Ida Rohan and Stanley O'Halloran.
Stanley died four months later aged 68 and his share passed on to his wife, Marie O'Halloran.
Mr Kiely said that Michael O'Halloran was diagnosed a chronic schizophrenic in the 1970s and evidence would be given from a consultant psychiatrist that he wouldn't be capable of entering any agreement to sell his lands.
Retired school teacher and administrator of the estate, Ms Barry told the court that her brother, Michael, was first admitted to psychiatric care in the winter of 1973-74.
Michael was released from care but was admitted again in 1985 and stayed in institutional care until his death in 2004.
Ms Barry said that Stanley "commandeered Michael's lands after he was admitted in 1985 and moved his animals on to the lands without consulting anyone" and Ms O'Halloran is now refusing to remove the animals from the lands.
Ms Barry said that at Michael's "month's mind" in June 2004, Stanley approached her and said "what about Mike's land?" and offered €100,000 to each of his sisters for his brother's farm.
Ms Barry said that she was surprised that Marie O'Halloran was now laying claim to all the lands.
She said: "Everyone was due to get their fair share and I was surprised that someone was being greedy in looking for more than their one-third."
She said: "I don't accept that there was any agreement between Stanley and Michael over the lands.
"Michael only had €1,100 in his account when he died and €300 of that was put through by my eldest son days before he died," Ms Barry said.
Mr Parker told Ms Barry: "Mrs O'Halloran wants to keep the lands for her two sons and waive any right she has to the lands," and in response, Ms Barry said: "We can't all do what we like. I have four sons too."
Mr Parker said that Ms O'Halloran had made an offer of €400,000 to the two sisters to purchase the lands in April 2006, but this was rejected.
Auctioneer for Ms Barry, John de Courcy, said that the lands "if sold in different lots could realise €1.4 million, maybe a lot more".
Mr de Courcy said that the value of the lands put by Ms O'Halloran's valuer, John O'Doherty, of €881,000 "is ridiculously low".
In evidence, Marie O'Halloran said that after Michael's death, "we treated his land as if it was our own" and confirmed that Stanley received government grants in relation to the lands.
Ms O'Halloran said that while Michael was alive and living by himself "he came to me almost every day and we gave him food and money. I did what I could for Michael."
Ms O'Halloran said: "My husband Stanley didn't trust his sisters, not one iota."
Evidence in the case is to continue in the autumn.
