AN ELDERLY woman signed over her house to her sister to feed a growing dependency on drugs, a judge has held. Judge James Carroll yesterday confirmed the legality of two deeds conveying ownership of the house of Ms Clara Lawless, Poddle Park, Kimmage, Dublin, to her sister, Mrs Rosaleen O'Neill, Kildare Road, Crumlin.
Judge Carroll told Mr Niall Byrne, counsel for Mrs O'Neill, that the validity of the deeds, handing over the house a half share at a time, must stand because Ms Lawless had on both occasions been legally advised of the consequences of her actions.
But he struck out a purported erasure of a clause in one of the deeds granting Ms Lawless a right to reside in the house for as long as she wished. Judge Carroll said this transaction had been carried out at a time when neither party had sought or received legal advice.
Judge Carroll said Ms Lawless's father had died without having made a will and the family had decided she should get the family home. Later she invited Mrs O'Neill, a deserted wife, and her family to live with her.
He held Ms Lawless to have been for many years a habitual abuser of drugs who had run up debts and who had carried out the transfer transactions to feed her habit and protect the property from possible attack by creditors.
With regard to the purported erasure of Ms Lawless's right to residency, initialled by both women, he was satisfied Mrs O'Neill had been the moving party.
He said he had no doubt at all that this act was invalid and of no effect.