A 91-year-old woman has taken High Court proceedings to compel one of her sons, who sold a 230-acre estate at Blessington, Co Wicklow, for €19.5 million, to provide adequate accommodation for her.
Mrs Mary J. O'Leary, who is living with a daughter at Bardon's Cottage, Kilcullen, Co Wicklow, and was described as mentally and physically well and not in need of nursing care, has taken the proceedings against her son, Mr James O'Leary, and a number of solicitors.
The family estate, at The Demesne, Blessington, was left to her son James in her husband's will. After the estate was sold for €19.5 million in 2001, Mrs O'Leary said she had been allocated two rooms in her son's new home which she described as totally unsuitable. She said she never felt welcome there, was never given a key and left last May after her daughter, Kathleen, was told that she, the daughter, was not welcome at the house.
She was particularly hurt at the treatment she had received and believed it was the intention of her son and his wife that she be put into a nursing home.
She was now living with her daughter but wanted her own accommodation.
She was particularly upset her living arrangements should be in such a precarious situation at this time of her life and embarrassed and distressed at having to come to court.
Mr Justice Kelly yesterday granted leave to Mr Brian Spierin SC, for Mrs O'Leary, to serve short notice of the proceedings on the defendants. The judge also returned the matter to Monday.
Mrs O'Leary is suing James as the grantor of a right of residence, maintenance and support to his mother by a deed of 1991. She wants an inquiry into whether she had exercised a special power of appointment in favour of James, under the will of her husband, freely and voluntarily and with the benefit of proper legal advice. She says she did not have such advice and just signed papers her son gave to her.
If appropriate, she also wants an order setting aside that special power of appointment. She is also seeking orders directing her son to provide a property suitable for her and to provide funds for her residence.
Mrs O'Leary married her husband, Arthur, a farmer, in 1941. They had six children, two sons and four daughters. For most of their married life, they lived on and farmed the lands at The Demesne, Blessington, an extensive dairy farm.
Her husband died in 1964. Mr Spierin said that this was before the enactment of the Succession Act, 1965, and Mrs O'Leary consequently would not have had all the rights she would be now entitled to.
Mrs O'Leary said she had played an active role in the running of the house and farm, which was a hive of activity. She continued to live at The Demesne after her husband's death and was responsible for ensuring the farm continued to grow and develop as a busy dairy farm. Her sons and daughters assisted her.
She said the trustees of the will arranged for a separate farm to be provided for her eldest son, Daniel, at Mullica, Donard. Her son, James, continued to live at The Demesne and was the primary worker on the farm from the time he became an adult. Her daughters lived at the Demesne until work or marriage took them elsewhere but they continued to spend considerable time at home.
As she became older, she was unable to take such an active role in the farm and James played an increasingly important role. She had understood her husband's will left the farm to James.
Mrs O'Leary said she was not involved in any meaningful discussions about the legalities of transferring the house and extensive lands to her son James. She said she was not advised as to her rights under the will of her husband and not given any legal advice regarding a special power of appointment and how she might protect herself into the future. She always understood she would continue to live at Blessington for the rest of her life.
In 1991, the lands were transferred to her son James. She had signed documents given to her by James. She believed he had granted her a right of residence on the lands at The Demesne for the rest of her life. But such rights were never registered to her and her rights were left unprotected.
In 1997, the house and lands were put up for sale and were sold in 2001 for €19.5 million. She was hugely disappointed by this. James and his wife and family made arrangements to move to another house at Millwood, Naas, Co Kildare, which bore no comparison to the family home and was entirely unsuitable for her.
Mrs O'Leary said she was given her own sitting room and bedroom in this house but no facilities were made for her daughters to stay and when they came, they had to sleep on the floor. She had never felt happy or welcome in the house. Matters continued to deteriorate. About last May, her daughter Kathleen came to visit her and was told she was not welcome and had to wait outside in her car.
Mrs O'Leary said that when she learned of this, she left the house immediately with her daughter and had not returned since. Her son had not tried to phone her since she had left.
Her solicitors had written to her son who had expressed intentions about her welfare but had taken no financial steps in that regard.