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Wednesday 14 November 2018

Mum in €250k home row says barking Jack Russells are 'a terror'

Jeanette Wosser said the Jack Russells kept her and her son awake
Jeanette Wosser said the Jack Russells kept her and her son awake

Two miniature Jack Russells terrorised a Dublin woman in her own home, a judge has 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 barked continuously night and day, "to the terror and nuisance" of herself and her young son.

Ms Wosser (45) alleged that she had been unable to use her clothes line because of the dogs, as a result of which she had felt compelled to buy a machine to dry her family's laundry.

Her child had been unable to play in the back garden which, she claimed, had been fouled by the dogs, called Rusty and Sparky.

Bullied

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, all of whom, the court heard, had been left a one-fifth share in their father Michael Wosser's €250,000 home in Castletimon Green, Kilmore West, after his death nine years ago.

Ms Wosser told Circuit Court President Mr Justice Raymond Groarke that she had been living in her father's home, which had a granny flat.

In January 2012, Ms Cassells, executor of their father's will, had told her she was housing her son and his girlfriend in the flat and Ms Wosser had agreed to that providing they did not bring in any dogs.

However, Ms Cassels's son had brought in a kennel and two dogs, Ms Wosser said.

When she told him she had specifically objected to dogs she was told to "f**k off".

The dogs had kept her and her son awake at night and she had been afraid to enter the garden.

Barrister Damien Keaney, who appeared with Ferry's Solicitors for all of the defendants, told Mr Justice Groarke that their father's will was not in dispute.

He said Jeanette Wosser and her four siblings had each been left a fifth share of their father's home, which had been valued at €250,000 and, on a good day, could achieve even more at sale.

Mr Keaney said proceedings had initially begun six years ago when an offer was made to Ms Wosser by the defendants to sell the house and split the net proceeds five ways.

However, this had not been responded to either then or when it had been repeated a year later, he added.

Peter Maguire, who appeared with Thomas Loomes Solicitors for Ms Wosser, said she had literally been thrown out of the house on to the street six years ago and the State had to pick up the €1,200 monthly tab to put a roof over her head.

Split

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.

Ms Wosser 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 was told by Mr Keaney that the five-way split offer was still available.

The judge directed that the house be sold and the net proceeds be divided equally between all five parties on the basis each bore its own costs.

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