A DISPUTE INVOLVING a Catholic priest facing drug charges in the United States and his siblings over their late mother’s will has been fixed for hearing before the High Court in December.

The case involving Fr Michael O’Leary who along with his brother John O’Leary are being sued by their siblings Nora Harpur, Barry O’Leary, Tadgh O’Leary and Marie O’Leary aimed at setting aside the late Elizabeth O’Leary’s came before Justice Leonie Reynolds today.

In their action, the plaintiffs seek an order condemning a will Mrs O’Leary of Morehampton Road, Donnybrook, Dublin 4 made in 2009 on grounds including that she was not of sound mind when it was executed.

It is claimed the family home was left to the defendants, while the residue of the estate was left to the other siblings.

It is also alleged that undue influence was exerted over the late Mrs O’Leary by the defendants when she was preparing and executing the 2009 will.

The claims are denied and the action is fully contested.

The case was due to be heard earlier this year but was adjourned arising out of Fr O’Leary’s arrest by New York Police.

The High Court heard that the 50-year-old priest was charged after the police recovered half an ounce of methamphetamine, two scales and other materials used for packaging narcotics in a vehicle he and another man were in.

The charges include criminal possession of a controlled substance with intent to sell, two counts of criminal use of drug paraphernalia and the criminal possession of a controlled substance.

Today, the judge on being told that there were currently no restrictions on Fr O’Leary’s ability to travel, despite the fact he is facing criminal charges, fixed Tuesday, 17 December next for the hearing of the action, which is expected to last five days.

The judge also gave the parties permission to mention the case to the court should anything arise concerning the parties availability before the hearing commences.

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