A courtroom battle over the estate of one of the victims of the Creeslough tragedy has been adjourned until July 31st to be addressed.
Farmer Hugh Kelly, 59, was one of ten people to lose their lives when a suspected gas explosion ripped through a petrol station in the Co Donegal village on October 7th last.
However, a court case has commenced between a nephew of Mr Kelly and the late man’s partner over his home and other lands at Bishop’s Island, Castledoe, Creeslough.
Documents read out previously at Letterkenny Circuit Court heard that the late Mr Kelly’s partner Ms Linda Gallagher said she is the beneficiary of the last will and testament, dated November 30, 2006.
Ms Gallagher is seeking an interlocutory injunction against a nephew of the deceased, Mr Josie Kelly, who she claims is illegally occupying the property.
The case was adjourned until today to be heard at Letterkenny Circuit Court following a previous mention at Carrick-on-Shannon Circuit Court.
Barrister for Ms Gallagher, Mr Gareth McGrory said he had been contacted by Mr Kelly’s barrister, Mr John McCoy to say his client could not attend today on June 20th last at the commencement of the current circuit court session.
Mr McGrory added that he was again contacted by text by Mr McCoy yesterday (Tues) saying his client was at a funeral in England today.
Mr McGrory said his client was anxious to have the case heard and asked the court to have the case scheduled for July 31st next.
He sought the case to be made peremptory against Mr Joseph Kelly which Judge Aylmer agreed to.
Judge Aylmer added that he was not concerned if Mr Kelly had a funeral on this scheduled date marking the case to be heard.