LEGAL FIGHT OVER BUNGALOW

A MAN taken in as a boy by the woman who ran Coolclogher House in Killarney has sued her estate seeking ownership of a bungalow on the grounds of the 18th century manor house.

The action at Killarney Circuit Civil Court heard that Joseph Bourke – now 65 – had been a student at St Joseph’s Industrial School in Tralee until he was taken in, as a teenager, by the late Maura Lane-Joynt.

The court heard that after he was taken in Mr Bourke became like a son to the “formidable but warm-hearted” woman who managed the luxury 18th century period house and walled estate.

Maura Lane-Joynt, formerly of Magherafelt in Derry, and latterly of “Birchmount”, Mill Road, Killarney died intestate on November 11, 2014.

Birchmout was a bungalow specially built for Mrs Lane-Joynt and her husband William on the grounds of Coolclogher House after the manor house – which was being run as a luxury guesthouse – was sold by its German owners in the 1980s.

Joseph Bourke of Ballyspillane, Killarney – who was taken in by Mrs Lane-Joynt and her late husband at 16 – said he was like a son to her that and she had wanted to leave him the bungalow.

He said this was also the wish of her late husband William, who had predeceased her. The couple had had no children

Mr Bourke made the claims in court as he sued for legal ownership of Birchmount.

Mr Bourke’s suit was against James McCann of Portglenone, County Antrim who is the legal representative of the late Maura Lane-Joynt’s estate.

Mr Bourke’s claim to the house was contested by the Lane-Joynt estate.

The court heard that Mr Bourke had arrived at Coolclogher House in 1968 on foot of an advertisement placed by the Christian Brothers in The Kerryman appealing for local people to take children away from the Industrial School for a summer holiday.

He could not return to the Industrial school and he remained at Coolclogher – working unwaged in the house, but with all his needs met – for several years.

The court was told that Mr Bourke had endured “an appalling” early life at St Josephs but that thanks to what he had learned at Coolclogher, he was able to build a career as “a freelance waiter” in Killarney.

He went on to work as a bar man in Chicago, married and had children.

In her later life Mr Bourke said he had become became Maura LaneJoynt’s primary carer.

“She told me you are better than a nurse. I will carry on with Willo’s wish that you get the house,” Mr Bourke said.

He also claimed that towards the end “she didn’t want anyone else only me” and did not want others to see her so incapacitated.

Some nights, Mr Bourke said, he would sleep on the floor near her.

“She was a very strong person. She had a powerful opinion of her self but was very kind and very good to people. She helped a lot of people in her life,” Mr Bourke said.

“It was sad. There was no-one else there. She didn’t want anyone else. Only me. I was the only one she wanted,” he said.

Mr Bourke claimed that on the night of her husband’s funeral Mrs LaneJoynt had told him it was her wish that he would inherit her bungalow ‘Birchmount’.

This was one of a number of occasions in which she spoke of her intentions, he said.

Birthday cards from the deceased, dating to the 1970s, addressing Mr Bourke as “son” were handed into court.

Barrister Tom Rice, instructed by Dan O’Connor solicitor, said the cards “were like gold” to Mr Bourke who had been without a mother. They were evidence of a strong bond between them Mr Rice said.

A number of witnesses were called by each side.

Witness Betty Crosbie of Coolclogher Lodge, the late Maura Lane Joynt’s near neighbour and friend, said there had been a special bond between Mr Bourke and her late friend.

In response to Mr Bourke’s claim the Lane-Joynt estate argued that he had been only one of a number of people that had cared for Mrs Lane-Joynt.

Defence counsel Micheal Munnelly, instructed by solicitor Michael O’Donoghue, put it to Mr Bourke that while he was “a great help”, he was only one of a network of people and carers.

“I was the main helper of Mrs LaneJoynt, “Mr Bourke replied.

The only time he was not available was because of his dancing commitments, he said.

The court had previously heard Mr Bourke was a keen dancer.

A number of defence witnesses, acknowledged a bond between Mr Bourke and Mrs Lane Joynt but said that he was only one part of a much larger “support network”.

Patrick O’Sullivan of Kilcummin –Mrs Lane-Joynt’s friend of 25 years – said Mr Bourke “wasn’t there half the time”.

“Maura would be ringing him and he wouldn’t even answer,” Mr O’Sullivan told the court.

There were 25 beneficiaries of “very dispersed people,” Mr Munnelly told Judge John Hannan.

After several hours of evidence, Judge Hannan said he felt there should be talks between the sides.

Following an interval, barrister for the plaintiff, Mr Rice returned to say the matter was settled.

“I think the deceased and her late husband would be pleased,” Mr Rice said.

The matter was adjourned for mention for finalisation of accounts and financial matters.