Courts / Dublin / Report

Dispute between drug charges priest and family over will to be heard in new term

Date
2019-07-15
Stage
Hearing Or Decision
Primary locality
Dublin
County
Dublin

Summary

In a High Court dispute, Fr Michael O'Leary, a Catholic priest facing drug charges in the United States, and his brother Mr John O'Leary are sued by their siblings Ms Nora Harpur, Mr Barry O'Leary, Mr Tadgh O'Leary and Ms Marie O'Leary. The siblings seek to set aside their late mother Elizabeth O'Leary's 2009 will, alleging undue influence and that she was not of sound mind when it was executed. They also request discovery of Fr O'Leary's bank account records from 2006 to 2010, citing two €5,000 transactions in 2009 that they consider suspicious. Fr O'Leary's counsel argues the discovery request is overly broad and that the bank had already closed the relevant accounts in January 2018. Mr Justice Senan Allen dismissed the discovery application, noting it was a "fishing expedition," and adjourned the case to October, giving Fr O'Leary six weeks to comply with a prior agreed discovery of a joint account.

Who, what, where, when and why

What: Report matter: Dispute between drug charges priest and family over will to be heard in new term. Procedural stage: hearing_or_decision

When:

Why: The case came before the Court in June, when Fr O'Leary's lawyers secured an adjournment because of difficulties concerning his availability to attend court following his arrest on March 17th last in New York. CNI source report

Case subjects

Fr Michael O'Leary

Applicant

Outcome: The court gave Fr O'Leary six weeks to comply with that agreed discovery and adjourned the case, which is now unlikely to be heard until October at the earliest.

Fr O'Leary

Applicant

Outcome: The court gave Fr O'Leary six weeks to comply with that agreed discovery and adjourned the case, which is now unlikely to be heard until October at the earliest.

John O'Leary

Applicant

Outcome: The court gave Fr O'Leary six weeks to comply with that agreed discovery and adjourned the case, which is now unlikely to be heard until October at the earliest.

Places mentioned

Court Venue
  • High Court
  • Monday. The High Court
Residence

Topics

Drugs Stage Hearing Or Decision

Related court reports

Read the original CNI report

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