The Gazette 1971

Gelbridge Abbey. They had four children—Malcolm, born in 1939; Pamela Ann (now Mrs. Popplewell) born in 1941; Brian, born in 1942; and Laura Victoria (Mrs. Nouri) born 1946. The Testator inherited a stud at Simondstown and the wife took a keen interest in horse breeding. There was eventually a separation in 1956, and in 1957 he covenanted he would pay his wife a yearly sum of £600 during their joint lives. In 1959, the father and family moved from Celbridge to Beaufort Lodge. He had become friendly with Miss Joan Ktelly and, the first wife having eventually obtain- ed a divorce in England against him he married Miss Kelly in a Registry Office in England in June 1966; he had meanwhile covenanted to pay his wife £780 per month. Malcolm, the eldest son, was duly associated with the business. But Brian having a speech defect only worked in the stud farm, and had no training in any- thing other than agriculture and horse breeding. The accountant of the business became worried about the testator's liability to estate duty, and evolved an elabor- ate scheme. In 1967, although he had led Brian to believe that he would inherit the stud farm, the Testator suddenly decided to sell Simondstown for £120,000 and pur- chased a smaller estate, Lodge Park. This move estranged him completely from Brian, who came to live with his sister Pamela in Dublin. The two sons became entitled to £6,909 shares in the Trust Company yielding £1,382 per annum, while the two daughters became entitled to £3,454 shares each, yielding £691 per annum. The daughter, Pamela Ann, was at first engaged and married to a Mr. Lawson, and .a- most elaborate marriage settlement was prepared. This marriage only lasted a short time, and Pamela Ann obtained a divorce in Mexico in 1966, and shortly afterwards married her present husband, Mr. Popplewell in 1967. Brian was employed in the company as supervisor of the un- loading of timber, he is married since June 1969. The last out of eight wills made by the Testator is dated June 1966. In this he created a life estate for his second wife until she died or re-married, and gave all the shares in the Trust Company to Malcolm, and if he should die, the residue to Brian. On the ground that they had already been provided for, no provision was made for the daughters. In 1969, there were negotiations for a take over of the McNaughton Company by Brooks Thomas, and broad agreement had been reached, when the Testator died in October 1969. Gross value of assets were £430,000 and debts £75,000. When Probate had been . obtained the first wife, who is now 61, brought pro- ceedings in which she claimed that she was the Testa- tor's spouse under the Succession Act 1965. The case was compromised on the terms that the executors were to pay £20,000 to Malcolm in trust for the first wife during her life, and she was also to receive £2,000 per annum. The cost of the litigation came to £70,000 On account of the large amount of legal costs and estate duty, there was nothing left for Brian. The second wife is now 59 years of age. Mrs. Popplewell, before marrying Lawson, had obtained a diploma in physical training. After marry- ing Popplewell she bought a house and four acres at Kill, Co. Kildare. She and her husband have a total joint income of £5,100. Brian has an annual income of £3,632, and owns a house in Dublin. Laura (Mrs. Nouri) married a Persian medical student who has since qualified. She has bought a house in Blackrock,

Ltd. of Botanic Road, Glasnevin, were publishers of the magazine. On October 21st, 1969 it contained what purported and was stated to be an interview in London with Mr. Quigley. It was written by Laurence Gough who claimed to have interviewed the plaintiff. The article was, in fact, false in that no such interview ever took place. It was entitled "They Have Left This Isle" and in a box underneath was the name of Mr. Quigley. Mr. Quigley instituted proceedings for libel against the publishers and claimed not only was the whole basis of the article false inasmuch as no interview was given but that in addition, 15 specific statements of fact in the article referrable to the plaintiff were untrue. In particular he claimed that four portions of the article were damaging to him. Mr. Justice Walsh said that the question put by the trial judge to the jury was whether the words referred to meant that Mr. Quigley "does not act in Ireland but chooses to live and work in London because the financial rewards and opportunities are better than ay home" To that the jury answered "yes". The jury also found the words to be not true and they found the words tended to lower the plaintiff in the eye of right- thinking persons and they assessed damages in the sum of £600. The plaintiff in his evidence had agreed that he did work outside Ireland to subsidise his work in Ireland. He claimed that the words used in their ordinary natural meaning were that he had left Ireland not for any proper reason but solely out of love of money and that insofar as he was seeking employment in Ireland he was doing so dishonestly on a false basis since he had decided to make a career overseas. Mr. Justice Walsh said it had been submitted on behalf of the appellants that the basis on which the case went to the jury did not disclose anything which was capable of being defamatory and that to say of a person that he left the country to improve his financial position would not in itself be defamatory. The position of Mr. Quigley in the theatre in Ire- land had been long established and was well known, said Mr. Justice Walsh. "I cannot see that it would be wholly unreasonable for a jury to find that it was de- famatory to falsely say of him that the pursuit of money is higher on his scale of personal preferences than the development of or the exercise of his artistic talent in Ireland. In my view, right-minded ordinary people in this country could regard him as having fallen in their estimation if that were the fact. For that reason I cannot hold that the words complained of were incapable of being defamatory." In his view the trial judge did not misdirect him- self in law in leaving the question to the jury. He dis- missed the appeal and allowed the order of the High Court to stand. The Irish Times (29th July, 1971) FAILURE OF MORAL DUTY TO PROVIDE FOR CHILDREN IN WILL Application under S.17 of Succession Act 1965 by 3 children of the late Norman McNaughton, in which they claim that their father failed in his moral duty to make provisions for their benefit. Gross estate of £430,000. Testator's father had established successful builder's providers business in Dublin. McNaughton Trust Company incorporated in 1950. The Testator first married Pamela Workman in 1938 and they lived in

130