Lazarus

ROW OVER WILLING OF FAMILY HOME

A woman who had received treatment for manic depressive later took to her bed for some eight years Trim Circuit Court heard Friday 18th June 1988

John Kennedy, 91 Townparks, Navan, sued Kathleen Andrews, Ryan’s Park, Duleek, in relation to the will made by his late mother. Kathleen Andrews counter-claimed for removal of Kennedy from a house at Ardmulchan. Mr. J.D. O’Hagan, BL instructed by Messers Mel C Kilrane Solicitors who appeared for Kennedy, said the basis for the claim was that the late Mrs. Mary Kennedy was not of sound disposing mind and was subject to undue influence. He told the Court her son, his client, was was left out of the will. Dr. Owen Clarke, Navan, said he> came into contact with-the deceased-after her release from St. Loman’s Hospital. Her behaviour was “difficult to keep tabs on.” She was inclined to send people in for prescriptions and he had limited contact with her.

It was brought to his attention that she had taken to spending her entire life in bed. Her condition was one of depression alternating with elation. She was on heavy tranquillisers and other medication.

On at least one occasion, he called to her house and tried to persuade her to get out of bed and lead a more mobile life. She refused “in a very deadpan manner.” her behaviour was not logical.

Witness told the Court he would have doubts about her ability to make sound judgments, but she could come across as totally sane. However, other fixed ideas such as her wish to stay in bed would later emerge. He told Mr: K. Segrave, BL (instructed by Messrs. O. Shanley and Co., solicitors), who appeared for Kathleen Andrews, that the effect of drugs on her would be a matter of conjecture. Dr. Oliver Leavy said he looked after deceased in St. Loman’s Hospital from December, 1978, to February, 1979. Dr Leavy came from Knockanore Co Waterford She was verv disturbed, over-active and over-talkative. She had to receive dosages of majoi tranquillisers. She had been lying in bed for some time, then got up and started complaining about the state of her house. A row developed and it was decided to have her committed. The diagnosis was that she had developed manic-depressive psychosis and was in the manic stage. Witness said that at the stage when she was in hospital her judgment would have been “severely impaired.” She would not have had the normal restraints and at that time would not have been capable of making a will.

Each individual episode oi mood disorder could be treated quite well but the main challenge was to keep the patient well, he said. The only way to keep the patient in good health was to keep her on adequate treatment. The Court heard drugs were prescribed but it could not be known whether she was taking them. Dr. Leavy said the symptoms of the illness could be covered up but if they were there judgment could not be relied on. The family had a history of mental illness and witness would have considered it prudent to tell a solicitor of this, in making a will.

St. Loman’s Hospital,

He said keeping to her bed was more an indication ol depression than elation. John Kennedy recalled that his mother went into hospital in 78/79. Before that, his brother had been killed in an accident at the age of 22 years. He thought that since then his mother had a mental problem. She would look at the • place where he was killed “in a maze.” “When she came out of St. Loman’s, she took to her bed and stayed there for eight years,” said witness. He looked after her mainly and she was taking her tablets. His grandmother and an uncle had died in St. Loman’s, he told the Court. He also had some treatment. The Court heard that deceased had gone to live with her sister (also deceased) in Navan. Witness stated that anytime he asked ;o see her some reason for not doing so was given to him. Later his mother had a stroke and was admitted to Our Lady’s Hospital. The first he heard of the family house being left to his cousin was when he received notification that it belonged to Mary Kearney. He was “born and reared” there and was next of kin. The Court heard he had reason to believe his mother was strongly influenced while in his late aunt’s house. It was his allegation that Mrs. Andrews prevented him from seeing his mother. John Timmons, who lived not far from the Kennedy house, gave evidence that he knew the late Mrs. Kennedy for about three years before she died. He never saw her out of the bed and she did not seem to be “with it.” Noel Walters, who had known Mrs. Kennedy from when he was aged about 10 years, said he recalled once seeing her in a ditch. In later years, when he called to the house, her response varied. Sometimes she was in the best of form, other times whe would not want to see him and would occasionally throw yoJ out. He always thought she was “not the full shilling”. Kathleen Andrews was the executrix of deceased’s will, the Court heard. She told the Court she used go to see her sister and speak to her. There was nothing wrong with her although she had a bout ol ill-health in the 70s and spent some time in St. Loman’s Hospital. Deceased would ask her about hei (witness’s) daughter when she visited her. To hei knowledge, she took tablets three times a day.. She did not think her other sister would have stopped anyone seeing her sister. She said John Kennedy was left the residue of his mother’s property – her furniture. S o he was not excluded from the will.

Cross-examined by Mr. O’Hagan; witness said maybe her late sister felt safer or happier in bed. She could talk normally about everyday life. . She said she mentioned to the {solicitor, Mr. Oliver Shanley; that.her sister had been treated in St. Loman’s and by doctors. Witness said her late sister offered to leave her the house some weeks before making the will. She replied “no” and that she was all right. Then deceased said her daughter, Mary Kearney, might get it. Witness said “if that was the way she wanted it.” They discussed it again later and she contacted Mr. Shanley. Oliver Shanley said the previous witness called to his office and asked him to call to her sister, Mary Kennedy. He went and saw her and spoke to her about the instructions for the will. He was satisfied she was mentally capable of making decisons. regarding the will. She told him she had a house at Ardmulchan and the contents. She wished to leave the house to Mary Kearney and the furniture to her son, John Kennedy. Kathleen Andrews was appointed executrix. In a matter of days, he called back accompanied by a solicitor from the office. The will was read out to Mary Kennedy, who signed it in their presence. As far as he was concerned; deceased had no difficulty in comprehending. He could not recall whether Kathleen Andrews was there that day but she was present at the time of taking instructions. He could not reajly recall whether Mrs. Andrews informed him of the family’s mental history. Mary Kearney, daughter of Kathleen Andrews, said she had known the deceased “well enough”. She did not apply pressure regarding the house and never made any attempt to prevent John Kennedy from seeing his mother. ( Judge M. P. Smith said he would give his decision in Kells but felt the parties should come together and reach some sort of compromise. On the 2nd July the Judge declared the will null and void and a counter claim was made to the heard the next term  There is no record of the counter claim been heard

It was taken in Trim Circuit court by the executer to get one of her sons out of a house she owned in Ardmulch  it was turned on its head sound familiar  Her Doctor a Trinity graduate 1971 also a gaa player her psychiatrist from Knockanore Co Waterford  Knockanore Properties owner of the house Judge Humphreys used as his registered address as a county councillor The solicitor was a GAA coach to Simonston GAA at the same time where Kieran Foley was a member of the committee The address for the  son was council house in Trim it was said the other brother had died 22 years earlier 1966 sending the mother mad  However the same Lazarus was in court 12th November 1988 3 months later for assaulting his brother with the solicitor the Simonstown coach defending him His address a council house right beside the brothers A Judge Clifford dismissed the case The Mary Kearney that is was said was dead at the time of court case did not die until July 1994 and was a member of the Kennedy family in Ennis Co Clare The John and Michael Kearney were her two sons born 1950 and 1954 respectively who had married a Martin Kearney in 1948 So it was the grandmothers estate they were challenging against their mother

Mary Kennedys estate was £225,000 in 1987 and the address a flat 9 in Zion Road Rathgar occupied by a Maureen Kennedy  1978 and a Hoey was in it 1980 for one year Mary Kennedy is buried up in Crawfordsburn Co Down where Michael White went to school in 1958-1963 Mary Kennedy was in Ryemore 1979 at the same time a Marian Rosa  Buggy as per Electoral Register later to become James Buggy wife who lived in Bayern down the lane

Sam Monson put up a picture of him on a ridge Angel’s landing, Zion Canyon, Utah taken 4th February 2004 that was 2 weeks after Niamh Whites episode January 2004 after a row the night before with Derval and Cliona as to about how the money they chicaned should be spent and the beginning of her diagnosis of Alzheimer’s and the synonym for a long time past is senile  And that was one month after John Monson took litigation in Minnesota against a Newspaper and radio station However had it anything to do with a live liver transplant in that year in that State between two full siblings a brother born in 1982 and a sister born in 1994