THE WIDOW and the mother of murdered Co Wicklow publican Mr Thomas Nevin are in dispute over the processing of his £250,260 estate, the High Court heard yesterday.
Counsel for his widow submitted that whether there was a Garda investigation was irrelevant and whether the widow might have been interviewed in the course of that investigation was immaterial.
Mr Justice Shanley was told that Mr Nevin's mother, Mrs Nora Nevin, who is from Co Galway, had entered a caveat to prevent his widow, Mrs Catherine Nevin, from administering the estate. The case was put back for a week.
Mr Barry White SC, for the widow, said her husband died on March 19th, 1996. He died intestate and without issue. She had been advised legally that she was entitled to all her husband's estate. She had instructed her solicitors to prepare papers for proabate. She had been informed that, last August, a caveat had been entered by solicitors acting for Mrs Nora Nevin.
Mrs Catherine Nevin is seeking an order setting aside the caveat.
Mr White said Ms Nora Nevin had sworn an affidavit, which was not opened in court. It dealt with the circumstances of the death of Mr Nevin and the question of a Garda investigation.
Mr Henry Burke SC, for Ms Nora Nevin, said that from the affidavit, it appeared there was an ongoing investigation. Mrs Catherine Nevin had been detained and questioned on more than one occasion in relation to that and, as a result of the investigation, a file had been sent to the DPP, who was considering it.
Mrs Catherine Nevin was continuing to run the public house and there was no question of any orders being sought in that regard by Mrs Nora Nevin. The licensed premises was in joint names and the couple had a joint bank account.
Mr White said Mrs Nora Nevin's affidavit contained much hearsay and was inaccurate. Nobody had been charged in the case. There may be an investigation and there may be a suspicion.
Mr Justice Shanley said it might be appropriate if the matter were adjourned.
Mr White said his client should not be left with an air of uncertainty. Should it arise that Mrs Catherine Nevin be prosecuted, and a successful prosecution be mounted, there were other provisions in the Succession Act that were available to Mrs Nora Nevin.
Mr Justice Shanley adjourned the case for a week to allow time for Mrs Catherine Nevin to file a replying affidavit.
Mr Nevin was shot dead in the kitchen of his premises, Jack White's pub, at Brittas, Co Wicklow, during the early hours of March 19th, 1996. His wife, who was tied in an upstairs room, freed herself eventually and called the gardai.