This article is from page 74 of the 2006-03-07 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 74 JPG
An O’Callaghan’s Mills widow is fighting off attempts by her sister-inlaw to have her evicted from family lands.
In a case to be heard at Ennis Circuit Court, Marie O’Halloran of Liscullaun, O’Callaghan’s Mills is to fight off a bid by Margaret-Josephine Barry (71) to have her lands at Liscullaun, O’Callaghan’s Mills.
The case was briefly heard before Judge Carroll Moran last week at Ennis Circuit Court.
The dispute arose after Mrs Barry, administrator of the estate of bachelor, Michael O’Halloran, sought possession of 65 acres of land and Marie O’Halloran’s departure, to allow the lands at O’Callaghan’s Mills and Tulla to be sold.
In an affidavit, Mrs Barry, of Bansha, Co. Tipperary, stated that her brother, Michael O’Halloran (64) died in April 2004 without making a will and as a result, his estate would be divided equally between herself, Michael’s other sister, Eda Rohan and the estate of Stanley O’Halloran.
Stanley O’Halloran (68) died in September 2004, survived by Marie O’Halloran who resides at the Liscullaun farm.
Mrs Barry believes that the best price will be achieved for the lands if they are vacant at the time of sale. She stated that she had been advised by her auctioneer that the continuing presence of the animals on the land was causing the land damage.
Mrs Barry said that there was simply no reason why Mrs O’Halloran should not vacate the land and was remaining there deliberately as a trespasser.
In a response affidavit, Mrs O’Halloran said that Mrs Barry’s claim was “erroneous” and did not take into account circumstances.
Instead, she has claimed, Michael and Stanley O’Halloran farmed the family farm – split into two units – very much as a team.
However, due to personal difficulties that Michael was encountering, around 1978, he agreed that he would sell his farm for £65,000 and the money would be paid by Stanley on a phased basis.
“Throughout the 1980s, numerous payments were made by Stanley to Michael in various large and small amounts and a number of large cheque amounts that I am presently in the process of seeking verification.
“Furthermore, both Stanley and myself helped Michael on a day-today basis, feeding him, doing his laundry and carrying out other personalised services in order to assist him and keep him out of institutionalised care,” the affidavit states.
Arising from drink-related problems, by the mid to late 1980s, Michael was incapable of running his own affairs and Stanley took over completely the running of both farms on his own.
Mrs O’Halloran said that Mrs Barry was seeking to sell the lands “completely contrary to our wishes and without any thought whatsoever to what occurred between the brothers and the deal that was done between them.”
After hearing a brief outline of the case, Judge Moran said that he would list the case at the first available date, allowing six weeks for discovery of documents.