A PROTRACTED dispute over a will in which a woman halved her estate between a priest and her parish led to the elderly cleric being arrested by gardai.Father James Davern, of Old Youghal Road, St Luke's, Cork, was apprehended and brought before Cork Circuit Civil Court after Judge Patrick Moran issued a warrant.
The arrest took place at a hospital in Cork last week.
But Fr Davern was later released after appearing at Midleton Court, Cork, on condition he provide key documents by yesterday in relation to the civil matter.
Yesterday, Judge Moran in Cork Circuit Civil Court heard that the representatives of the late Julia Finn had no wish to see Fr Davern go to jail.
The late Ms Finn's estate representatives were seeking land certificate documents from Fr Davern.
Counsel Miriam O'Regan BL explained that Michael Powell, acting for the late Ms Finn's estate, has now obtained the required certificate documents from the cleric.
"We have no desire to jail Fr Davern now that we have got these land certificates," she said.
The dispute erupted over the will Julia Finn issued before her death in January 1987.
Ms Finn, of Old Head of Kinsale, Cork, had instructed that half of her estate be bequeathed to her parish of Ballinspittle and the other half would go to Fr Davern.
Legal action had arisen over the administration of the will some time ago -- and came to a head when Judge Moran granted a warrant for Fr Davern's arrest.
The cleric was arrested at the South Infirmary Victoria University Hospital by gardai on May 27.
Yesterday, the representatives of Ms Finn's estate also applied for legal costs against Fr Davern arising from the action.
"Costs have been incurred by Mr Powell associated with chasing Fr Davern. We have had to chase him for a number of things in default of previous orders.
"We would ask for costs to come from his half of the estate of Julia Finn to be administered through the court. The people of Ballinspittle would get one half of the estate, Fr Davern would get the other half," she said.
Counsel for Fr Davern said they could not oppose such an application.
Judge Moran said that, given the circumstances, he was allowing costs against Fr Davern.
"It seems that a lot of difficulties were created by the behaviour of Fr Davern," he said.
"These matters have been going on for an enormous period of time. Mr Powell has to be compensated for his endeavours. I think the person who caused the problem should pay the costs. I think they should be deducted from the part of the estate bequeathed to Fr Davern."
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