Rippington & Ors -v- Cox & Anor [2017] IECA 331 (19 December 2017)

Rippington & Ors -v- Cox & Anor [2017] IECA 331 (19 December 2017)

There was no evidence of bias or unfairness by the trial judge; findings of fact regarding the deceased's presence, journey times, and due execution of the will were supported by credible evidence including expert testimony and attesting witnesses. The will was validly executed in accordance with s.78 Succession Act 1965. The costs order was within judicial discretion and justified by the appellants' unsuccessful litigation and prior Calderbank offer. No grounds of appeal were made out.

Citation
[2017] IECA 331
Parties
Appellant: Majella Rippington; Appellant: Shaun Rippington; Appellant: Edel Banahan; Respondent: Michael Cox; Respondent: Mary Butler
Jurisdiction
Ireland
Judgment Date
19 December 2017
Procedural Posture
Probate Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Will Validity, Testamentary Capacity, Due Execution, Bias, Costs, Appeal Standards
Probate Succession Civil Procedure Will Validity Testamentary Capacity Due Execution Bias Costs +1 more

Case Brief

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Parties

Majella Rippington

Appellant

Shaun Rippington

Appellant

Edel Banahan

Appellant

Michael Cox

Respondent

Mary Butler

Respondent

Procedural Posture

Probate Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge exhibited bias against the appellants
  2. 2 Whether the will of Celine Murphy dated 8 March 2011 was validly executed in accordance with s.78 Succession Act 1965
  3. 3 Whether the deceased had testamentary capacity

Ratio Decidendi

There was no evidence of bias or unfairness by the trial judge; findings of fact regarding the deceased's presence, journey times, and due execution of the will were supported by credible evidence including expert testimony and attesting witnesses. The will was validly executed in accordance with s.78 Succession Act 1965. The costs order was within judicial discretion and justified by the appellants' unsuccessful litigation and prior Calderbank offer. No grounds of appeal were made out.

Court Disposition

Appeal dismissed

Orders

  • Will of Celine Murphy dated 8 March 2011 admitted to probate in solemn form
  • Respondents recover costs against appellants on solicitor and own-client basis, including all motion and reserved costs