A son who was sued by his 91-year-old widowed mother over his alleged failure to provide adequate accommodation for her following his sale for €19.5 million of the former family estate in Co Wicklow has told the High Court that, prior to the legal proceedings, he had offered to buy his mother "a substantial house".
This was stated on behalf of Mr James O'Leary when Mr Justice Gilligan was told yesterday the action taken against Mr O'Leary by his mother, Ms Mary J. O'Leary, has been settled.
The settlement was announced after lengthy negotiations between lawyers for both sides which continued until just before 3 p.m. yesterday when Mr Brian Spierin SC, for Ms O'Leary, said the matter was settled. Mr Spierin said he had nothing further to say but, counsel added, Mr Michael Collins SC did wish to say something on behalf of Mr O'Leary.
Mr Collins then read out a statement. It said that: "Mr James O'Leary and his wife wish to state that, at all times, they have been ready, willing and able to look after James's mother.
"To that end, James had, at all times prior to the commencement of these proceedings, offered to buy a substantial house for his mother in which she would have a life interest and he would pay her all her maintenance and outgoings."
The statement continued: "The impression to the contrary which has been created by the media coverage of the application last Tuesday has caused distress and heartbreak to James and his family."
It concluded: "The matter has been resolved to the satisfaction of all parties and the parties wish to carry on with their lives without further intrusion."
Last Tuesday, Mr Spierin secured leave from Mr Justice Kelly to serve short notice of proceedings by Ms O'Leary against her youngest son and a number of solicitors. Ms O'Leary, who is living with a daughter at Kilcullen, was described as mentally and physically well and not in need of nursing care.
In an affidavit, Ms O'Leary said the family estate, at The Demesne, Blessington, was left to James in her husband's will. Mr Arthur O'Leary had died in 1964, prior to the coming into law of the Succession Act 1965. Mr Spierin said this had implications for Ms O'Leary's rights as a surviving spouse.
After the estate was sold by James for €19.5 million in 2001, Ms O'Leary said she had been allocated two rooms in her son's new home. She said it was totally unsuitable, she never felt welcome there, was never given a key and left last May after, she said, her daughter Kathleen was told she, the daughter, was not welcome at the house.
She was now living with her daughter but wanted her own accommodation.
