A WOMAN who claims she had to leave her husband in the early 1980s over his alleged violent behaviour has brought a High Court challenge over the sale of their home by his children after they allegedly obtained a death certificate in her name.
Maureen Moore (71), of Laburnum Square, North Road, Drogheda, Co Louth, has sued the two children of John Gabriel Moore, who died intestate in February 1996, over the sale in 2002 for €254,000 of the property at Mount Tallant Avenue, Harold’s Cross, Dublin.
Ms Moore claims she married Mr Moore in 1971, and his children had unjustly and fraudulently enriched themselves by selling the property. She alleges that following the death of Mr Moore, she was entitled to be the registered full owner of the property.
Her proceedings are against John Moore, a company director, of Woodstock Park, Knocklyon, Dublin, and Maria Moore, a hairdresser, of Oakdale Crescent, Ballycullen, Co Dublin, over the sale of the property.
Ms Moore is also seeking an order requiring Nadine Chetty, who bought the house in October 2002 and who is living in the Middle East, to deliver up the property to her.
The defendants have denied all the claims against them.
Ms Moore claims her husband’s children wrongfully converted the title deeds of the property for their own use and benefit and did not pass good title to Ms Chetty. She is seeking various declarations and damages.
Opening the case, James Dwyer SC, for Maureen Moore, said she married John G Moore in 1971. She was previously married to another man but had divorced in the late 1960s. Mr Moore had two young children also from a previous marriage whom Ms Moore had looked after.
Counsel said the property at Mount Tallant Avenue was purchased in 1975, and Maureen and John G Moore were joint tenants.
Mr Moore was “not a pleasant man” and was “violent” towards his client, counsel said. His client had to leave the house during the early 1980s after her husband told her if she did not go she would be “going out in a coffin”. She obtained deserted wife’s allowance in 1986, and moved to Belgium two years later.
Mr Dwyer said that in 2002, Ms Moore returned to Ireland suffering from poor health and, on her return, discovered John G Moore had died in February 1996 and the property at Mount Tallant Avenue had been “fraudulently sold” by his two children.
Counsel said a death certificate for Maureen Moore had been obtained by the defendant children in 2001. That certificate was for a Maureen Moore with an address at Kilmacud, Dublin, who was two years older than his client and who had died in January 1995.
Mr Dwyer said the certificate was obtained to defeat Ms Moore’s title to the house so the defendant children could sell it. They had failed to make even a rudimentary check to see if their stepmother was still alive.
While Ms Chetty had no hand, act or part in those matters, it was the plaintiff’s case it should have been obvious to those handling the sale of the property on her behalf that there was a problem.
In their defence, John and Maria Moore deny fraud and also deny they knew or ought to have known the death certificate was not that of the plaintiff.
They also plead the plaintiff’s claim is statute-barred and contend her rights to an interest in the property have been extinguished.
The Moores also dispute the plaintiff was married to their father. They claim she left the house in 1981, had discontinued her possession of it and was out of occupation for more than 12 years. Prior to his death, John G Moore was in sole and beneficial occupation of the property.
Ms Chetty denies the sale of the property to her was wrongful.
The case continues.