The High Court has refused to put a temporary stay on the distribution of the disputed will of a woman who drew it up a week before she died.
Celine Murphy (50) died of cancer on March 15th, 2011 and left her estate, valued at €283,000, to her best friend Mary Butler, from Straffan, Co Kildare.
Ms Murphy's sister Majella Rippington, her husband Shaun, and Ms Murphy's other sister Edel Banahan, disputed the will and brought an action before the High Court seeking to have it declared invalid. They claim Ms Murphy signed the will in circumstances of duress and undue influence.
Ms Butler and Tridentine Bishop Michael Cox, who was named as executor, denied the claims, saying Ms Murphy was of sound mind. They counter-claimed seeking to have the will declared valid.
The High Court last year rejected the family’s claim and declared the will to be valid. The Judgment is under appeal.
Ms Rippington Thursday asked Ms Justice Caroline Costello for a stay on the High Court judgment pending the outcome of the appeal. Ms Rippington, who represented herself, said an application has been made for the full grant of the late Ms Murphy's estate.
She wanted the court to make an order temporarily halting that process that until the appeal has been determined on the basis she was concerned about the dissipation of the estate’s assets.
Lawyers for the respondents opposed the application and argued there was nothing unusual in what was being done in respect of the estate.
Ms Justice Costello refused the application on grounds including that the High Court had previously refused to grant a stay on its judgement.
The court was effectively being asked to alter the order of another judge of the High Court which is something it simply cannot do, Ms Justice Costello said.
In 2015 in his judgment, Mr Justice Seamus Noonan found Ms Murphy had the requisite capacity when she made the will leaving her estate, and declared the will valid. The judge said he was satisfied Ms Butler was “a close and valued friend” of Ms Murphy’s.
It would be idle to speculate the nature of the relationship between Ms Murphy and members of her family. But, the judge said, “suffice it to say there is nothing irrational about the contents of the will of the deceased”.
There was also evidence from Ms Murphy’s other friends and from Ms Butler’s daughter Johanna, who Ms Murphy asked to witness the will, along with Bishop Cox, in the Butler family home.
The judge said because of the outrageous and unsubstantiated allegations made against the defendants in this case, the Rippington/Banahan side should pay all the legal costs and the Murphy estate should not be burdened with those costs. He put a stay on his costs pending appeal but not on any other order.
Ms Rippington appealed the decision. The Court of Appeal is due to hear the case in October 2017.