BROTHERS COURT WAR OVER MOTHER’S WILL
Farmer held on criminal damage rap disputes who owns house
John Morrissey
TWO brothers are locked in a bitter legal battle over their mother’s will, a court heard yesterday.
On the day she was buried in May, John Morrissey, from Cooraclare, Co Clare, was arrested for a criminal damage offence.
The dad of six, 53, admitted damaging a fuse box at the home of his brother Tom Morrissey at Alva, Cooraclare, on May 5.
When arrested and cautioned on the charge, Morrissey replied: “That’s not Tom Morrissey’s f ***** g home.”
The disputed property was owned by the brothers’ late mother. John Morrissey, who farms the land surrounding the house, told Ennis District Court yesterday: “I want the will challenged.”
Judge Patrick Durcan relied: “I can’t deal with that. Your solicitor Stiofan Fitzpatrick is an expert on wills”.
Mr Fitzpatrick told the court the criminal damage matter relates “to an ongoing family dispute. Mr Morrissey is very entrenched in relation to it”. He added: “He accepts he damaged the fuse box.
“He has been in custody on the matter since May.”
Judge Durcan said he would strike out the criminal damage matter if compensation of €200 is paid to the Court Discretionary Fund by September 2. Morrissey agreed to pay.
Judge Durcan added he had a great deal of sympathy for the defendant as he has for all people that appear before him. He said: “I don’t want you to have a criminal record from this.”
Morrissey replied: “I’m not worried about my record.”
One of 13 siblings from a well-known family in west Clare, Morrissey is a self-taught tradesman working as a farmer.
He remains on remand in custody at Portlaoise prison concerning a separate charge.
Mr Fitzpatrick told the court yesterday he has had no instructions from his client to make a bail application.