An attempt to evict a 77-year-old man from the cottage he has lived in for 73 years was dismissed yesterday at Bray Civil Court.
The Earl Of Meath, John Anthony Brabrazon, brought eviction proceedings against Mr Christopher O'Toole, Windgates Cottages, who has been living on the edge of Kilruddery estate since he was aged four.
Mr O'Toole and his wife, Melody, said they were relieved the case was over, but knew it wasn't finished with.
The Earl of Meath's family are this week celebrating the 500th anniversary of their arrival in Bray, where they live on the Kilruddery estate.The family are also ground landlords of Dublin's Meath Street.
Lord Meath's solicitor, Mr Rory White of Moore Kiely Lloyd, said the proceedings had been taken with the greatest reluctance and as a last resort.
The court then heard about a series of complicated and sometimes disputed agreements. Mr O'Toole's father worked as a forester on the estate.
In October 1970 a caretaker's agreement was drawn up between Mr O'Toole and the late Earl of Meath.
In 1996 the present earl said he wished to regain possession of the cottage for an employee. A notice to quit was sent in June 2000. Ejectment proceedings followed. Mr O'Toole's solicitor, Mr Joe Buckley, said the late earl was extremely good to the defendant and he understood the cottage would be his for life.
Mr Buckley asked the judge for a dismissal on the basis that two notices to quit existed at the same time with different dates and that the proceedings in court relied upon the November 1996 agreement, while the evidence from Lord Meath was that that agreement had been cancelled.
Judge Murrough Connellan agreed and dismissed the case with costs to the defendant.