Chain of Events

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Please Support Michael Gavin Elderly 83 Year Old Irish Farmer by Signing Petition

Hello, thank you for visiting my blog. My name is Michael Gavin of Dundonnell, Taughmaconnell, Ballinasloe, Co. Roscommon, Farmer, Bachelor, born in 1932 and currently aged 83 years.

I stand over all the information in this website and affirm it to be the whole truth and nothing but the truth. It records events that took place since my brother Pat Gavin died Intestate on the 10th of October, 2005 some 10 years ago. If you have further questions or need clarification of some of the material contained in this document feel free to contact me, all are welcome.

The information here covers issues arising in the administration of the said Estate by Robert Marren, Solicitor, the Administrator thereof, involving:-

  1. Payments out to me Michael Gavin and my sister Eileen of our shares of the gross proceeds of the deceased’s lands by the Administrator, Robert Marren.
  2. The question of making due and fair provision in the distribution of the cash assets in the Estate for the profits earned by myself Michael Gavin in the rearing of my own and the also the Estates livestock on the lands and/ or in the alternative, making fair allowance to me for work done and services rendered, by me in looking after the deceased’s livestock on the lands for the past 9/10 years since the deceased’s death on the 10th of October, 2005.

Following Pat’s death I Michael Gavin continued on farming the lands and caring for the livestock in exactly the same way as I had done for upward of 40 years previously, in the expectation that I would be allowed continue doing so by the rest of the family. However this was not possible, owing to the enmity between Ann Sanford and Kathleen O’Keeffe towards my sister Eileen and I. Ultimately I was forced to sell off the livestock and surrender the lands for the sale in due course of administration of the Estate.

I was obliged to use my own funds to fund the expenses of running the farm. Catherine O’Connor’s Account Summary shows that throughout the entire farming period between 2005 and 2012 the cattle sales came to a figure of €46,589 and the expenses came to a figure of €45,918. Accourdingly, the expenses in running the farm were almost equal to the proceeds of the sale of the livestock. Therefore, the profits from running the farming operation represented the monies received each year from the Department of Agriculture.

After the Grant of Administration was issued to Mr. Marren in July, 2012 he put pressure on me to sell the stock and make the lands available for sale. Notwithstanding my reluctance to give up farming, I did cooperate with him and accounted for the sale of the animals.

Ultimately the entire lands were offered for sale by public auction on 22nd of February, 2013. The dwelling house which they previously sought to have included in the sale, were excluded from the sale. I tried to buy the lands from the Estate prior to the Auction but they refused and ultimately Anne Sanford bid higher than me at the Auction. It would appear that the price that Anne Sanford and Kathleen O’Keeffe agreed to pay to purchase the lands was a gross overvaluation of the lands having regard to the nature, quality and condition of the lands at the time of purchase on 22nd February, 2013. Both Anne Sanford and Kathleen O’Keeffe subsequently visited me a number of times requesting that I purchase the lands for their winning bid price which I refused to do stating they had paid over one hundred thousand euros too much for the land. In or around the beginning of May, 2013 Kathleen O’Keeffe telephoned me advising that the lands were to be put up again for sale and that I Michael Gavin was to have a first option to purchase same. However, this did not take place and instead, it would appear that Anne Sanford and Kathleen O’Keeffe got the next of kin, namely Theresa Harte, and the Duffy family disclaim/release their shares in the deceased’s Estate to them, so that effectively, they could put forward a proposal to simply buy out my sister Eileen’s 1/6th and my 1/6th share in the property at the value of the property as determined at the Auction. Allowance were made for them to do the same on the condition that the total 1/6th share would be paid forthwith and that the costs of the incidental to the sale to include all Solicitors fees, Auctioneers fees and Engineers fees would be discharged solely by the Purchasers at their own expense and that I Michael Gavin be allowed have the use of the lands for the rest of my natural life, without interference from the Purchasers.

*14/03/2013 Marren to Gavin confirming that he had made a decision to accept the claim of Michael Gavin to ownership of half the cattle and all the sheep and confirming that the accounts would be prepared by Catherine O’Connor and approved by the Independent Accountant and accepted liability and also seeking a refund of the sum of €4,000 deducted by Michael Gavin on behalf of Feely Stone, Boyle on the basis that he was under the impression Michael Gavin was paid twice for this amount and also seeking payment for half the remaining livestock on the lands;

On 14th March 2013 received a letter from Mr Robert Marren of Robert B. Marren & Co. Solicitors stating in the third paragraph

“Having consider matters, I have made a decision that I will accept the claim of Michael that he owns half the livestock and all the sheep. The Accounts as prepare by Catherine O’Connor and approved by the Independent Accountant will be accepted on that basis. This will enable the Estate to finalize the Income Tax liability which needs to be done as soon as possible.”

Yet Mr Marren Solicitor refuses to award me Michael Gavin his share of the grants paid down from the Department of Agriculture.

In my response letter to Mr Marren on 28th March 2013 I stated in the fourth paragraph

“Finally, as the farming operation between me and my late brother, Patrick was a joint operation on the basis that we shared everything, I also require payment of half the proceeds of the single Payment Entitlements and Disadvantaged Area Grants paid or payable by the Department of Agriculture in respect of the lands be paid to me in return for the services rendered by me on behalf of the Estate in looking after both the deceased and my own animals and which sum would also represent the profit which I would derive from farming the lands on a 50/50 basis, as otherwise I would have been wasting my time looking after my late brother’s animals or in having and maintaining my own animals on the lands. I consider that this is an unreasonable request for settlement of this matter as if I proceed in the alternative on the basis of a claim for work done and services rendered under The Agricultural Wages Act I would be entitle to a far greater sum of monies than I am now seeking.”

28-03-2013 Gavin to Marren pointing out that the sum of €4,000 had not been deductrd by Mr. Glynn, Solicitor in respect of the amount due to Messrs. Feehily Stone, Boyle and also requesting that if his sisters were prepared to let the lands to him at a reasonable price that he would be prepared purchase the remaining animals from the Estate and finally, seeking payment of half the Single Payment Entitlements on the basis that these payments represented the profits from farming the lands, that he was entitled to 50% of same;

**05/07/13 Marron to Gavin and Linney enclosing copy letter dated 3rd of July, 2013 from T & N McLynn, Solicitors on behalf of Sanford and O’Keefe stating that purchasers were prepared to discharge Messrs Gavin & Linney’s share of the expenses in connection with the sale and confirming that their clients were not prepared to take up Michael Gavin’s offer to purchase;

05/12/14 Michael Gavin to Marren & Co., in reply to their letter of the 11th of November, incorporating claim of Michael Gavin to half Single Payment Entitlements, after deductions of Income Tax paid by the Estate on farming income, together with claim for payment of half agricultural wages due to Michael Gavin for minding the deceased’s livestock from 10th of October, 2005 to 27th of May, 2013, less allowances for half letting value of lands, together with the following:

  1. Schedule incorporating particulars of claim;
  2. Schedule of wages due under the Statutory Minimum Remuneration of Agriculture Workers for the period from 10/10/99 to 27/05/13

05/12/14 Marren & Co., to Michael Gavin advising that unless he was in receipt of legal proceedings instituted before the 19th of December, he intended to proceed with the distribution of the Estate;

22/12/14 Marren to Gavin threatening that unless he heard from Gavin’s Solicitor by 16th of January, next that Mr. Gavin intended to institute proceedings, that he would precede with the proposed distribution, as previously advised.

***14/01/2015 John Glynn Patrick Hogan & Co. to Tony Henry Tormeys Solicitors, Athlone requesting him to ring and write a short letter to Mr. Marren immediately confirming that he would act in the matter in response to Marrens threat to effect a distribution of the Estate.

06/02/2015 Eileen Linney and Michael Gavin to Tony Henry Tormey Solicitors Athlone instructing him to write a letter to Mr. Marren requesting answers to 7 questions;

He never did!

 29-July-2015 Letter from Tony Henry Tormeys Solicitors Athlone to Eileen Linney

12/08/2015 Letter from Law Society Threatening to Block my email address

Letter to An Garda Síochána

to be continued…….The Shame of Ireland

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Please Support Michael Gavin Elderly 83 Year Old Irish Farmer by Signing Petition

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