Farmer entitled to 120 acres belonging to man who turned out to be his father
The Court of Appeal has upheld a finding that a farmer is entitled to 120 acres of land belonging to a man who turned out to be his biological father.
However, the three judge court set aside a High Court finding that William Naylor should receive a bequest of €150,000 left to him by the late Michael Hoare who died in 2007 aged 82.
In proceedings that ran for 21 days before the High Court, in 2012 Mr Naylor sued his sister Jean Maher who was the executrix of Mr Hoare's estate, seeking to have a will executed by Mr Hoare set aside.
In that will Mr Hoare left Mrs Maher, who had cared for the deceased in his latter years, the farm at Derrylahan, Roscrea, Co Tipperary, while Mr Naylor was to receive €150,000.
That 2006 will replaced one made a year earlier in which Mr Hoare left the land to Mr Naylor.
Mr Naylor, who is aged in his early sixties, claimed he was promised the farm, which he had lived and worked on more than 30 years, by Mr Hoare, who he only discovered was his biological father after his death.
The court heard Mr Hoare married Mr Naylor's mother in the 1980s. He had always believed another man, his mother's first husband was his father.
Mrs Maher of The Crescent, Townsend Street, Birr, Co Offaly opposed the claim.