Judge urges family to end 'disgrace' of will dispute

An extended Co Clare family involved in a bitter dispute over a contested will was yesterday given a further six weeks to reach a settlement in the case.

At stake is a €700,000 estate left by Kilkee bachelor farmer Denis Fitzgerald (69) to his nephew, Robert, and brothers, Tom and Paul.

Denis's sister, Kathleen Allen, who received nothing in the will and who is living in Florida, is seeking to overturn the will.

Adjourning the case for six weeks to give parties time to settle, Judge Carroll Moran said: "If Denis Fitzgerald's parents were alive today to see what has happened with their children they would be horrified to see the hatred and bad feeling that the dispute has generated. This is really a disgrace."

Judge Moran warned that if both sides did not reach a settlement in the dispute, he would make a judgment in the case.

During evidence in the case, the court was told that Mr Fitzgerald made his last will on November 28th, 2001, two weeks before he died from a brain tumour, which was undiagnosed at the time of making his will.

The mother of the chief beneficiary, Mr Robert Fitzgerald, told the court that she supported Denis's wrist while he signed his will at Ennis General Hospital.

Mrs Fitzgerald told the court she supported his hand because his hand was lapsing and that she did it because she felt sorry for him.

Mrs Fitzgerald also told the court that she called out "Robert" from behind the curtain in the ward at Ennis General Hospital when her late brother-in-law hesitated after being asked by Mr Ryan who should be the executor of his will.

Asked why she called out his name, Mrs Fitzgerald said: "I don't know what came over me."

Mrs Fitzgerald told the court that if her son, Robert, a married man with four children, lost the farm, "his life would be ruined and he would have nothing else to fall back on".

Solicitor Mr Micheal Ryan told the court he was satisfied that Mr Fitzgerald had the capacity to make his will.

Mr Ryan said Mr Fitzgerald's parting comments in two conversations he had with him in the two to three years prior to making the will were, "I must make a will with you, because I'm leaving all the lands to Robert". Robert had worked on the farm for the previous 20 years, the court was told.

The court was told by Dr Daniel Curtin that on being admitted to Ennis General Hospital on November 20th, Denis Fitzgerald scored four out of ten on a test in which he was asked such questions as how old he was and did he know where he was.

Judge Moran adjourned the case to April 4th.