THE widow of a murdered Co Wicklow publican, Mr Thomas Nevin, was told by the High Court yesterday she could collect the assets of her late husband's £250,000 estate but could not distribute them.
Mr Justice Shanley said Mrs Catherine Nevin must preserve the assets and could not distribute them. She may, however, seek an "unlimited grant" at the end of, nine months from yesterday.
The judge refused to lift a caveat entered by her mother-in-law, Mrs Nora Nevin, of Co Galway, to prevent the widow from administering the estate.
Mr Nevin (54) was murdered at his pub, the Jack White Inn, near Brittas Bay, last March 19th. Nobody has been charged with the murder. He is survived by his widow, mother, and seven brothers and sisters. His widow instructed solicitors to apply for permission to allow her administer his estate. The net assets amount to £250,260.
Mr Justice Shanley, in his judgment, said Mrs Nora Nevin's solicitors recounted in a letter that Mr Nevin's death was "caused by a single shotgun discharged to the chest"; that Mrs Catherine Nevin had been questioned in relation to the investigation; and the caveat would not be removed pending a decision from the DPP to proceed.
The judge said Mrs Catherine Nevin sought an order setting aside the caveat. In her affidavit she was not alleging her mother-in-law had no interest in lodging the caveat or that it was lodged vexatiously or for the purpose of delay.
Mrs Nora Nevin in her affidavit stated: "I say and believe the applicant remains a suspect in the murder of my son.
The widow replied: "I am not guilty of any offence in relation to my late husband's death or any other offence whatsoever in relation to him."
Mr Justice Shanley said Mrs Catherine Nevin had been cross-examined and agreed she had been detained for 48 hours by gardai, had made a statement, and that during her detention was interviewed more than once. She said her husband had been murdered and that she continued to manage the Jack White Inn.
Mr Justice Shanley said under the rules of court Mrs Nevin was entitled to a grant of administration to the estate of her late husband in priority to his mother.
She did not contend that Mrs Nora Nevin had no interest or that the caveat was lodged "vexatiously". She asserted the lodgment of the caveat amounted to an "abuse of the process of the court". This was much the same as an allegation of vexatiousness.
While satisfied that Mrs Nora Nevin had not abused the process of the court in lodging the caveat, Mr Justice Shanley said he was also satisfied that Mrs Catherine Nevin, as the lawful spouse of the dead man, should be under no legal disability merely because she had been interviewed by gardai in relation to her husband's death.
"She is entitled to her good name and a presumption of innocence. This court's refusal to clear off the caveat should not be seen as in any way reflecting on her innocence. This court has no function in adjudicating on any allegation of a criminal kind," Mr Justice Shanley said.
It seemed to him Mrs Nora Nevin's interest could be protected while at the same time a grant of administration could issue to Mrs Catherine Nevin. If the grant was limited to collecting inland preserving, but not distributing, the estate of the late Mr Nevin, such interest Mrs Nora Nevin might have in the estate would be preserved until further order.
If Mrs Catherine Nevin wanted to get such a grant of administration, Mr Justice Shanley said, he would make an order. She could seek an unlimited grant after nine months.
Counsel for Mrs Catherine Nevin, Mr Eamon Mongey, said limitation imposed by the court would be unacceptable to his client. The limitation was unusual and he would have to consult his client and lawyers.
Mr Henry Bourke SC, for Mrs Nora Nevin, said they would have no objection to what the court was suggesting.
The judge said he would hear submissions next Tuesday.