South Dublin house vacated after 10-year-old row over bequest
€500,000 Dundrum property left to Osmond Kilkenny jnr and seven others in 2010
The court heard that if the solicitor, in her legal capacity, was granted possession of the house the best course of action would be sell it immediately.
Osmond Kilkenny jnr, son of showbiz “accountant to the stars” Ossie Kilkenny, has voluntarily vacated a €0.5million Co Dublin property, partly left to him in his granny’s will, in the face of court proceedings to remove him, Judge John O’Connor was told in the Circuit Civil Court on Friday.
Michelle Collins, a partner in O’Brien Redmond Solicitors, Mary’s Abbey, Dublin 7, had been seeking vacant possession of 6 Balally Drive, Dundrum, on behalf of eight beneficiaries of the late Ann P Kilkenny’s estate, including Mr Kilkenny jnr.
Ossie Kilkenny senior, Mr Kilkenny jnr’s father, and son of Ann Kilkenny, had been removed by the High Court five years ago as executor of his mother’s will on the grounds of “inordinate and inexcusable delay” in executing it, the judge was told.
Mr Justice Paul McDermott had made the order on December 7th, 2015 and had appointed Ms Collins as legal personal representative in the estate of Ann Kilkenny. She had applied, in that capacity, to the Circuit Civil Court for injunctive relief against Mr Kilkenny jnr directing he vacate the house. She had also looked for an order for sale.
Ms Collins, in applications before Judge Jacqueline Linnane and Judge O’Connor, to remove Mr Kilkenny from the property, had told the court he had been bequeathed a one eighth share of No 6 and that his father had been named executor.
Following the death of Ann Kilkenny in April 2010 the eight beneficiaries had agreed among themselves that the property would not be sold due to lack of activity in the property market but that Mr Kilkenny jnr should enter the property on a caretaker basis.
It had been agreed that Mr Kilkenny would leave the house on request, make it available for viewings if necessary and that if he failed to comply with the wishes of the other beneficiaries rent would become payable by him.
Ms Collins said in an affidavit that on 5th July, 2015 Mr Kilkenny had acknowledged he was liable to pay rent which had been assessed in 2016 at €1,760 a month and which he had neglected to pay for four years despite demands. She had formally requested him to quit the property on numerous occasions since then.
The court heard that if Ms Collins, in her legal capacity, was granted possession of the house the best course of action would be sell it immediately.
On Friday, Brian O’Brien, of O’Brien Redmond Solicitors, told Judge O’Connor that Ms Collins had achieved vacant possession of No 6 Balally Drive on Thursday evening and the applications before the court were being withdrawn.
Judge O’Connor struck out the injunctive proceedings.