Baron Moynihan

Baron Moynihan

Baron Moynihan, of Leeds in the County of York, is a title in the Peerage of the United Kingdom. It was created on 19 March 1929 for the surgeon Sir Berkeley Moynihan, 1st Baronet, the son of the Victoria Cross recipient Andrew Moynihan. Sir Berkeley had already been created a Baronet, of Carr Manor, in 1922.[1] The titles became dormant on the death of his grandson, the third Baron, in 1991.

There followed a complex dispute between his two sons, born separately by his fourth and fifth wives; the 3rd Baron had believed that the eldest boy, Andrew, was not his son, and favoured the younger, Daniel. They were joined in the dispute by Colin Moynihan, younger half-brother of the 3rd Baron; in March 1994 Colin Moynihan applied for a writ of summons thereby challenging the legitimacy of both sons and claiming the title for himself.[2] In 1996 the Family Division of the High Court ruled that the 3rd Baron's divorce from his fourth wife Editha Eduarda had been obtained by fraud, meaning that his fifth marriage to Jinna Sabiaga had been bigamous and his son by that marriage illegitimate.[3]

After this action had been decided, the Committee of Privileges of the House of Lords ordered DNA testing of Andrew Moynihan, which found that the 3rd Baron was not his father. The Committee therefore decided in favour of the petition from Colin Moynihan, summing up their decision by saying:

...that neither of the two sons purporting to be the sons of the Third Baron can, in fact, be an heir to the peerage. In the case of the elder, Andrew, the committee was shown overwhelming genetic evidence that he cannot be the son of the late Lord Moynihan; and so far as the younger, Daniel, is concerned, the evidence clearly shows that he is the child of a bigamous marriage and is therefore illegitimate. In those circumstances, it is clear beyond doubt that the petitioner, Colin Moynihan, must be the rightful heir and that his Petitions must succeed.[4]

Barons Moynihan (1929)

References

  1. ^ Complete Peerage, vol. XIII, St Catherine Press, 1940, p. 455.
  2. ^ Emma Wilkins, "Moynihan appeals to the Queen in fight for peerage", The Times, 12 March 1994.
  3. ^ Andrew Pierce, "Lords clear way for Moynihan's return to politics", The Times, 27 February 1997, p. 3.
  4. ^ Lords Hansard text for 20 Mar 1997 (170320-03)
  5. ^ "News in Brief: Ld. Moynihan accused of importuning". The Times: p. 8. Apr 22, 1965. 
  • Kidd, Charles, Williamson, David (editors). Debrett's Peerage and Baronetage (1990 edition). New York: St Martin's Press, 1990.
  • Leigh Rayment's Peerage Pages

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