A farmer who was a paranoid schizophrenic was of sound mind when he made a will leaving most of his substantial estate near Gowran in Co Kilkenny to his brother, and ensuring another brother, similarly suffering from paranoid schizophrenia, but more disabled, would be looked after, the High Court found yesterday.
Mr Andrew O'Donnell, known as Wren because he was born on St Stephen's Day 1916, was the eldest of 17 children of parents who owned more than 600 acres in Co Kilkenny.
Mr Justice Peter Kelly found Wren was a paranoid schizophrenic and recited evidence of some of Wren's siblings, and their wives, that Wren was at one point under the illusion he was the Holy Ghost. Later he would spend long periods pacing up and down the garage and sitting in his car. A sister described him as a "man's man" and said he was in a terrible situation when she visited him in the late 1940s in a psychiatric hospital in Ardee.
The judge also recited evidence that Wren managed the affairs of the family farm, ran card schools and music evenings in his home, bought cattle at marts, was a member of the committee of the St Vincent De Paul and was perceived as a gentleman farmer, a great horseman and a "very nice" man by people including a local priest.
The judge said he was satisfied Wren was a reserved and withdrawn man who was not a great conversationalist and who displayed odd features in his behaviour. But he was not satisfied this demonstrated a lack of testamentary capacity when he made his will in 1982.
When making the will, Wren displayed considerable insight into what he was about, the judge said. His comment to the solicitor that a will was necessary given the large family involved was "absolutely accurate" and he made provision for the one member of the family most in need of it, his brother Maurice. He also bore in mind other family members by giving them small sums of money.
In leaving the farm to his brother, Kieran, Wren was doing a very sensible thing, the judge said. Kieran owned an adjoining farm and had a lot of contact with Wren and could sensibly implement the rights conferred on Maurice. The judge said he believed any disorder of Wren's mind had not poisoned his affections or perverted his sense of right. It was true some members of the family might be disappointed but it was up to Wren to make the decision, which was rational, clear, insightful and sensible.
On his father's death in 1962, Wren with his mother was appointed joint executor of his father's will. His father effectively split his land holding in three ways between his sons Wren, Kieran and John. Wren, jointly with his mother until her death, secured the lands at Clashwilliam, Gowran, which contained the principal residence of the O'Donnell family, subject to a right of residence of Maurice who was throughout his life mentally ill.
Mr Wren O'Donnell died on May 17th, 1995. He executed his last will and testament on March 3rd, 1982 and appointed his brother Kieran as executor and left him the bulk of his estate.
Mr Hugh O'Donnell, another brother and a radio officer who lives in Ennis, challenged the will. The court heard Wren had asked Hugh to come back to the farm in 1981 but Hugh declined.
Mr Kieran O'Donnell subsequently initiated proceedings seeking the admission to probate of the will and Mr Hugh O'Donnell counter-claimed that the will was not executed in accordance with the provisions of the Succession Act 1965 and that Wren was not of sound mind at the time the will was executed.
In April 1996 the Master of the High Court directed that three issues be determined - whether the will of Mr Wren O'Donnell of March 3rd, 1982 was executed in accordance with law, whether Wren knew and approved of the will's contents when he made it and whether he was of sound disposing mind and testamentary capacity.
In his 50-page reserved judgment on the lengthy hearing yesterday, Mr Justice Kelly answered `Yes' to the three questions posed.
He said the will was executed in the presence of solicitor Mr James Harte and his brother Nicholas, also a solicitor who gave evidence of precise compliance with the Succession Act.
The judge was satisfied the will was executed in accordance with law. Mr Harte knew Wren from 1962 to 1963 and met him regarding the administration of his father's estate, Wren's own land-lettings in later years and socially. He regarded Wren as perfectly normal, businesslike and not uncaring or apathetic towards his family.
The judge said Mr Wren O'Donnell had three breakdowns and was hospitalised on one occasion for four years. He concluded that, from 1949 onwards, Mr Wren O' Donnell was a paranoid schizophrenic.
The judge found paranoid schizophrenia is one of the major psychiatric illnesses but of all the forms of schizophrenia it was the one that could be best controlled. Although it could not be cured, it could be very effectively controlled with the use of drugs such as Stelazine.
The judge said he was satisfied, when Wren made his will, that he was not manifesting any florid symptoms of schizophrenia and his condition was well controlled by medication. He accepted that if any of those symptoms were present, they would have been apparent to Wren's solicitor.