In the matter of the estate of Patrick O'Neill Deceased: Veronica O'Neill, Terence O'Neill and Joseph O'Neill v John Richard McPhillimy, Elizabeth McKay and Ciara O'Neill (a minor) and Christopher O'Neill (a minor) by Kevin O'Neill their Father and Guardian Ad Litem
| Jurisdiction | Northern Ireland |
| Judge | Weir J |
| Judgment Date | 2004 |
| Neutral Citation | [2004] NICh 4 |
| Date | 24 February 2004 |
| Court | Chancery Division (Northern Ireland) |
1
Neutral Citation no [2004] NICh 4 Ref:
WEIF4115
Judgment: approved by the Court for handing down Delivered:
24.02.04
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
CHANCERY DIVISION
________
IN THE MATTER OF THE INHERITANCE (PROVISION 4 FAMILY AND
DEPENDANTS) (NORTHERN IRELAND) ORDER 1979
AND
IN THE MATTER OF THE ESTATE OF PATRICK O’NEILL DECEASED
BETWEEN:
VERONICA O’NEILL, TERENCE O’NEILL AND JOSEPH O’NEILL
Plaintiffs;
AND
JOHN RICHARD McPHILLIMY, ELIZABETH McKAY AND CIARA
O’NEILL (A MINOR) AND CHRISTOPHER O’NEILL (A MINOR) BY
KEVIN O’NEILL THEIR FATHER AND GUARDIAN AD LITEM
Defendants.
_______
WEIR J
[1] This is an application by the first named plaintiff as the widow and by
the second and third named plaintiffs as sons of Patrick O’Neill deceased
(“the deceased”) under Article 4 of the Inheritance (Provision for Family and
Dependants) (Northern Ireland) Order 1979 on the ground that the
disposition of the deceased’s estate effected by his will does not make
reasonable financial provision for them. The deceased died on 17 May 1999
aged about 76 years survived by the first named plaintiff, then aged 62 years,
and five children of whom the second and third named plaintiffs are to. The
first and second defendants are the executors of the deceased’s last will and
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