A woman who died from cancer, and whose will is being contested over alleged undue influence, was no more vulnerable than any other cancer patient in a similar position, a doctor has told the High Court.
Hair stylist Celine Murphy (50), of Old Naas Road, Dublin, died on March 15th, 2011, leaving her estate, including an apartment, to a friend, Mary Butler from Straffan, Co Kildare.
Ms Murphy, who was not married and had no children, also entrusted the will to Tridentine Bishop Michael Cox who acted as executor.
Her sisters, Majella Rippington and Edel Banahan, along with Mrs Rippington’s husband Shaun, want the will declared invalid because they say Celine was not physically or mentally capable of signing it on March 8th, 2011. She died a week later in hospital.
Ms Butler and Bishop Cox say Ms Murphy was of sound mind and they have counter-claimed seeking a declaration the will is valid.
The court has heard the family believe the entire estate, including an insurance policy, is worth about €500,000 while the defendants estimate its value at €283,000.
On Wednesday, a doctor who treated Ms Murphy in St Luke’s Hospital in Dublin said she was no more vulnerable than anyone with cancer.
Dr Osama Salib, a consultant in radiation oncology in St Luke’s, said Celine was referred to St Luke’s psycho-oncology service because she was anxious about her financial affairs, her illness, and did not want her 93-year-old mother to know about her cancer.
Asked by Majella Rippington, who is presenting the family’s case, how Celine’s illness impacted on her, Dr Salib said: “Her thinking was absolutely perfect. She told me what to do at times and she was very clear about what she wanted. She was a lady who knew what she wanted, you could not mislead her easily”.
The court heard Ms Murphy’s two sisters and brother-in-law were claiming Celine’s fingers were so badly damaged as a result of complications from her cancer she was not physically able to sign a will.
They also claim it was not possible for Celine to have travelled to Ms Butler’s home in Straffan to sign the will, as the defendants claim, on the evening of March 8th.
Ms Murphy’s cousin, Catherine Byrne, told the court she spoke to Celine a number of times on the day the will was signed. Celine had driven to private hairdressing clients in Co Meath and told Ms Byrne by phone, as she stopped along the way, that she was feeling very unwell.
Majella Rippington said phone records showed it was not possible for her late sister to have been in Straffan for the hour on March 8th when she allegedly signed the will. She also claimed her sister was brought by Mrs Butler, shortly after her illness was diagnosed as terminal, to a Galway faith healer despite being in no condition to make the journey.
Asked by Cormac Ó Dúlacháin SC, for the defendants, what the difficulty was about bringing her to a faith healer, Mrs Rippington said this was all part of “a game at play” whereby her sister would be introduced to one faith healer so she could then be introduced to Mrs Butler’s friend, Bishop Cox, into whose hands the will fell.
The case continues.