Patrick McCullagh, Kathleen Morris, Mary Brown and Margaret Kelly and Patrick Fahy Executor of the estate of John Francis McCullagh Deceased and Gerald Nicholas
| Jurisdiction | Northern Ireland |
| Judge | Coghlin J |
| Judgment Date | 03 October 2002 |
| Neutral Citation | [2002] NIFam 21 |
| Court | Family Division (Northern Ireland) |
| Date | 03 October 2002 |
| Year | 2002 |
Neutral Citation No. [2002] NIFam 21 Ref:
COGC3739
Judgment: approved by the Court for handing down
Delivered:
03.10.2002
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
FAMILY DIVISION
PROBATE AND MATRIMONIAL OFFICE
________
BETWEEN:
PATRICK McCULLAGH, KATHLEEN MORRIS,
MARY BROWN AND MARGARET KELLY
Plaintiffs;
and
PATRICK FAHY EXECUTOR OF THE ESTATE OF
JOHN FRANCIS McCULLAGH DECEASED
AND GERALD NICHOLAS
Defendants.
________
COGHLIN J
[1] The deceased in this case was John Francis McCullagh, who was born
on 1 October 1918 and who died on 2 October 1992. The plaintiffs are a
number of relatives of the deceased who seek an order revoking Probate of a
Will alleged to have been made by the deceased on 25 September 1990 which
was granted to the first defendant, as executor of the deceased’s estate, on 12
October 1993 under the terms of which the second defendant was the sole
beneficiary.
[2] In the event of such relief being granted, the plaintiffs also seek a
declaration setting aside the transfer by the deceased to the second defendant
of the deceased’s lands comprised in folio number 22455 County Tyrone
together with a share in the deceased’s lands in folio number 22457 County
Tyrone.
[3] The plaintiffs seek both the revocation of Probate of the deceased’s Will
and the setting aside of the said transfer made by the deceased upon the
grounds that, at the time of both transactions, the deceased was of unsound
mind and/or acting as a result of duress and undue influence exercised upon
him by the second named defendant.
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