A WIDOW who claims her late husband never signed away the garden on their former house has been told by top judges she has left it ‘too late’ to produce new evidence she says could prove her case.
Retired teacher Dorothy Muckley, of Brockwell, Chesterfield, was left with a £137,000 bill after being taken to court by Mark and Josephine Singer - who bought the property following her husband’s death in April 2004 - believing the garden was still part of it, but later finding out a neighbour had made a claim on it.
John Farquhar claimed the garden was transferred to him by the Muckleys.
Mrs Muckley refuted that and claimed against his estate following Mr Farquhar’s death, but lost her case and was ordered to pay £70,000 to the Singers, as well as £24,000 for their legal costs and £43,000 for legal costs run up by the executors of Mr Farquhar’s estate.
Handwriting experts who examined signatures on the transfer document, established Mrs Muckley’s was a forgery, but were unable to reach a decision on her husband’s,
She took her case to London’s Civil Appeal Court this week, arguing she has new evidence which proves her husband could not have signed it.
Her lawyers said there were witnesses who say they visited Mr Muckley on the day he supposedly signed the document.
But, rejecting her appeal bid, Lord Justice Lewison said the new evidence had come too late for the court to consider granting a full appeal.