The Gazette 1996

"Despondent" Mortgagees! Madam,

Strange World! Madam, Please can someone answer me? Why do people phone to tell you the contents of a letter they have just posted to you? Why do people routinely post letters that they have already sent by fax? I believe and hope that we are moving in the direction of the paperless society - but people who don't believe the evidence of transmission of their own faxes still sow doubts in my mind. Maybe they have shares in An Post as well as Telecom? Or are they so pulling in the profits that they must try desperately to increase overheads in order to reduce tax? Strange world! Yours etc, Anthony Brady, Taylor & Buchalter, Greenside House, 45/47 Cuffe Street, Dublin 1. 1893. Neither do we have in this jurisdiction an Act similar to the variation of Trusts Act 1958 which provides that a court may, if it thinks fit, approve an arrangement varying or revoking a trust or enlarging the powers of the trustees. On the question whether equity in this jurisdiction is still developing, Delany finds a marked reluctance to extend the scope of certain doctrines, noting in particular L. (B.) v L. (M.) [1992] 2 IR 77. In that case, it will be recalled, Barr J held that having regard to Article 41.2 of the Constitution, a woman who elected to adopt the full time role of wife and mother should have her work in the home taken into account and he

Successors in Title Madam,

I refer to letters written to you by James O'Connor of M.J. O'Connor & Company of Wexford (Jan/Feb 1996 Gazette) and Michael D. Peart of Pearts of Dublin (Apr/May 1996 Gazette) confirming their firms have the distinction of four generations of solicitors in an unbroken line. I, too, was able to claim the same distinction for this firm when my son, Stephen, qualified in 1974 and joined the firm.

I know a lot of practitioners beset with cut price conveyancing unreasonable lending institution requirements and time limits that require miracles not expertise, will I sympathise with the sentiments expressed in a printed form i memorial that this office received recently in a Bank mortgage package. The jurat to the memorial is ordinary enough [except of course not suitable for a laser printer] but right at the end it says "Sworn before

Yours etc,

me this . . day of. . at. . in the County of . . . and I know the "Despondent" (sic).

Dan Miley, Miley & Miley, 35 Molesworth

Street,

Yours etc,

Dublin 2.

! Noeline

Blackwell,

Blackwell & Co., 98 Upper Drumcondra

Road,

Book Reviews - continued author finds not to be an entirely satisfactory authority for a number of ; reasons, Barron J concluded that the j principles of law affecting secret and half secret trusts are the same and are those set out in R- Kina's Estate (1888) 21 LR IR 273 by Monroe J. i The General Picture Generally, the picture that emerges from Delany's pages is not one obviously characterised by excessive originality or reforming zeal on the part of practitioners or of the legislature. Our colleagues across the water got a new Trustee Act in 1925; I we have to struggle on with that of

therefore held that the plaintiff wife was entitled to a 50%beneficial interest in the family home and its contents. In the Supreme Court which allowed the appeal of the appellant husband, Finlay CJ concluded inter alia that such an extension would not be to develop any principle known to the common law but rather would involve the creation of an entirely new right. The reviewer's final comment is that this is a well-written, well-constructed book on a subject of considerable practical interest.

Professor J.M.G. Sweeney

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