Two dogs said to have terrorised a mother in her home were miniature Jack Russells, a judge heard in a row between five brothers and sisters over their father’s will.
Jeanette Wosser, of Cromcastle Court, Kilmore West, Dublin 5, claimed in the Circuit Civil Court that the dogs – Rusty and Sparky – barked continuously night and day to the “terror and nuisance” of herself and her young son.
Ms Wosser (45) alleged she had been unable to use her clothes line because of the two dogs, as a result of which she had felt compelled to buy a machine to dry her family wash.
Her child had been unable to play in the back garden which, she claimed, had been fouled by the dogs.
She claimed she had been forced out of her father’s home because she had felt bullied and intimidated and was suing her siblings for court orders granting her restoration of her right of residence and damages.
Ms Wosser sued her brothers Noel, Darren and Paul Wosser and her sister, Donna Cassells.
Each of them, the court heard, had been left a one-fifth share in father Michael Wosser’s €250,000 home at 39 Castletimon Green, Kilmore West, Dublin, following his death nine years ago.
Ms Wosser told Circuit Court President Mr Justice Raymond Groarke she had been living in her father’s home, which had a granny flat.
In January 2012 Donna Cassells, executrix of their father’s will, had told her she was housing her son and his girlfriend in the flat and she had agreed to that providing they did not bring in any dogs.
Donna’s son had brought in a kennel and two dogs, and when she told him she had specifically objected to dogs, she had been told to “f**k off”, it was claimed.
Barrister Damien Keaney, who appeared with Ferry’s Solicitors for all of the defendants, told Judge Groarke their father’s will was not in dispute.
Mr Keaney said that proceedings had initially begun six years ago when an offer had been made to Ms Wosser by the defendants to sell the house and split the net proceeds five ways, but this had not been responded to.
Peter Maguire, who appeared with Thomas Loomes Solicitors for Jeanette Wosser, said she had literally been thrown out of No 39 on to the road six years ago and the State had to pick up the €1,200 monthly tab to put a roof over her head.
Mr Maguire said she had initially valued her right of residence at €160,000, but he had advised the matter should be settled for significantly less than that.
She wanted the court to put a value on her right of residence and, if necessary, make an order for sale of the property.
Judge Groarke, having heard Ms Wosser’s evidence, was told that the five-way split offer was still available. The judge directed the house be sold and proceeds be divided equally between all five parties on the basis each of the parties bear their own costs.
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