Signature on will is a forgery, says expert
Three sisters of Conor O’Donnell from Ballyea, Rathkeale, Co Limerick, are opposing an application by the executors of a will, seeking it proved in solemn form.
One of the two executors of the will and another woman had been arrested and questioned by gardaí as part of a fraud investigation about the will, but no charges were brought.
The application before Judge Brian O’Callaghan by the executors, Josie Ahern of Kilrea, Croagh, and John Chawke of Duxtown House, Rathkeale, was opposed by Mr O’Donnell’s sisters — Christina Greaney from Ardagh, Catherine Anna Kelly from Roscahill, Galway, and Margaret O’Donnell, Home Farm Park, Drumcondra, Dublin. They claimed the signature on the will was forged.
The beneficiaries are nephews of Mr O’Donnell. He had died aged 66.
Seán Lynch, who was a Garda handwriting expert for 25 years before retiring, said he formed the opinion the signature on the will was forged. He outlined various differences in letters in the name ‘O’Donnell’ and over-writing on the signature which could have been the author deciding to ‘touch up’ a forgery.
The differences between the signature on the will and various samples on bank and business documents were so significant, he would not expect a person to change their signature in such a short period of time in so many significant ways.
Mary Mullane, Grange Lower, Newcastle West, a chairperson of Co Limerick IFA family farm group, said she had helped Conor O’Donnell over the years with forms he had to fill out. She had been involved in helping farmers with 20 wills without any issues arising.
On May 18, 2012, she got a call from Josie Ahern to go to her house. Conor O’Donnell was present with an A4 paper with details written about his planned will. His property included land, cash, animals, Kerry Group shares, and machinery.
Ms Mullane said Mr O’Donnell was very meticulous and wanted everything “so so”. When the will was completed, he signed it and she and Josie then signed it. Ms Ahern put the A4 paper with the will details written by Mr O’Donnell into a bucket and burned it.
Gardaí in Newcastle West contacted her in September 2015 and in November she was arrested. Gardaí told her a file was being sent to the DPP but later got a call saying the DPP was not pressing any charges.
Ms Mullane said: “I was never arrested in my life and all I did was help farmers; that was the way I was brought up to help neighbours. Being put into a cell, that was new to me.”
Ms Ahern was also questioned by gardaí as part of their investigation.
Michael O’Donnell, a solicitor and a beneficiary of the will, said he had a great relationship with his late uncle. Neville O’Donnell, another beneficiary, said he helped his uncle on the farm. He had discovered the body.
Margaret O’Donnell, a sister of Conor O’Donnell, said when she saw the will she knew it was not his signature. His writing, she said, had a slant to the right and the signature on the will had a slant to the left.
She said Ivan O’Donnell, a beneficiary, and Conor had a falling out years ago and they never made up. She was surprised Ivan was left land in Loughill.
She said Conor had 10 nephews and seven nieces and she could not believe that out of his 10 nephews, three from the same family got the vast bulk of his estate.
“There was no mention of his two godsons, or his invalid niece, no mention of the nephews who helped him during the summer. He also did his business through proper channels. She said her brother was an intelligent much-travelled individual. “I can’t believe that Conor would arrive at a house at night and ask two people to write out his will,” she said.
“I find it ludicrous that Conor would go ask and go into a house and ask somebody to write out his will. Ludicrous in the extreme. I am nauseated that this bad will has been ascribed to a dead man in this way.”
Judge Brian O’Callaghan reserved judgment to court sittings which commence on May 8.
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