A widow has successfully sued two of her children for the return of gold and silver items valued at over €150,000 that she had entrusted to them for safekeeping while she was ill.

Magistrate Josette Demicoli in the Gozo courts delivered the judgement following an action filed by Rita Farrugia against her daughter Amata Borg and her son Mario Farrugia.

The court heard that Mrs Farrugia and her late husband Emmanuele Farrugia had three children, George Farrugia, Mario Farrugia and Amata Borg. Emmanuele Farrugia, who was a jeweller, died in 2006 and in his will he bequeathed to his wife, by title of legacy, all the gold and silver items that belonged to them both.

After Emmanuele Farrugia's death, the jewellry business was continued by their son George. Rita Farrugia  moved in with her daughter Amata. She collected her gold and silver items from the bank, where it had been kept, and took them with her to Ms Borg's home. In July 2008 Rita Farrugia suffered a stroke. She did not continue to live with her daughter Amata Borg but moved back in with her son George.

From that moment on Amata Borg and Mario Farrugia made no contact with their mother and they both declared that they were on bad terms with their brother George and did not speak to one another.

Rita Farrugia had asked Amata Borg to return her gold and silver items, but Ms Borg refused on the basis that her mother had donated the items to her and to Mario Farrugia so as to give them an equal share of their father's inheritance as their brother George.

Magistrate Demicoli declared that from the evidence produced it was clear that Rita Farrugia had not donated these items to Amata Borg and to Mario Farrugia. Rita Farrugia had consistently declared that the items were hers and that when she had made a donation of some other silver items to her daughter Amata, she had done so by means of a written contract. Rita Farrugia had always treated the items as though they were her own, and had even given some jewellery items to her grandchild.

It further resulted that Ms Borg had not left the silver items on display in her home but had packed them away in a sideboard. The court added that Ms Borg and Mario Farrugia had sought legal advice about their father's will and they had not told the lawyer that their mother had donated the gold and silver items to them.

In conclusion the court found in favour of Rita Farrugia and ordered Ms Borg and Mario Farrugia to return her property to her within twenty days. In default, Ms Borg and Mr Farrugia would have to pay their mother €153,554 between them to make good for the value of the items.