The Gazette 1940-44

The War and the Perpetuities Rule IT has been held in England recently that a gift over in a Will on a condition subsequent which could happen only after the termination of the present war, was bad, as infringing the rule against perpetuities. The Testator had be queathed stock upon trust for a Church to apply the income as an endowment fund with a gift over in the event of services in German not being regularly conducted there after the war. The High Court held that it could not be said that the present war must end within the period limited by the rule against perpetuities, so that the residuary bequest must vest within twenty- one years from the Testator's death, and the gift over was accordingly held bad. (re Eiwels 195 O v \ O L.T.138). Court Behaviour (contributed) A provincial member writes: The recent an nouncement that the occupant of the almost forgotten (to us) Woolsack has come to the conclusion that women appearing in Court and taking the oath on giving evidence may do so without affecting the elaborate head-dress beloved of the well-known coloured sporting tipster, or even the modest handkerchief, raises the question of how far our own Courts may be disposed to recognise women litigants appearing without head covering. At least in our Circuit and District Courts, men are admonished to " -take off your hat. Sir," while women sweep by arrayed in all their glory. There is the case of the sprightly junior who wished to draw the attention of a certain County Court Judge to his gorgeously befeathered bar-maid witness in a Licensing appeal, and sought his Honour's approval of " the manner in which his proofs were presented "— the witness, of course, failing to appreciate the reason for the resulting laughter in Court. However, in the matter of proper deportment, or dress, it seems but right to regard the woman who appears in our Courts without head-dress as in no way acting disrespectfully, but what of the two persons of the weaker sex, who \vere seen recently in the back of a certain Court in the country calmly indulging in a surreptitious cigarette ? OBITUARY MR. ALOYSIUS PLUNKETT KENNEY, Solicitor, died on llth August, 1943, in Dublin. Mr Kenney was admitted in Trinity Sittings, 1886, and practised at 21 Lincoln Place, Dublin.

MR. JOSEPH G. FITZGERALD. Solicitor, was killed while on active service with the Allied Forces, on 12th August, 1943. Mr. FitzGerald served his apprenticeship to John J. Kennedy, Birr, was admitted in Trinity Sittings, 1928, and practised for some years at 16 Dawson Street, Dublin, and later at Boyle until 1934, when he retired from practice. THE RT. HON. SIR HENRY ARTHUR WYNXE, LL.D. Solicitor, died on 21st August, 1943, at Fetcham, Surrey. He was admitted a Solicitor in Trinity Sittings, 1889, and became the senior partner in the firm of Wynne and Wynne, Solicitors, Cork. He became Crown Solicitor for Cork City and County (W.R.) and was Sessional Crown Solicitor for Cork City from 1905 to 1916. He was appoin ted Chief Crown Solicitor for Ireland in 1916 and held that office until 1922. when he retired. MR. DAVID L. ROBINSON, Solicitor, died on 21st August, 1943, at Glenowen, Delgany, Co. Wicklow. Mr. Robinson served his apprenticeship to the late James Robinson, Dublin, was admitted in Hilary Sittings, 1906, and practised in Dublin for a short time, when he went to reside in Canada. He was a member of the Senate of the Irish Free State from 1931-36, and a member of the Senate of Eire from 1938 up to the date of his death. MR. PATRICK J. O'HAGAN, Solicitor, died on 26th August, 1943, at his residence, Dunany, Seatown, Dundalk. Mr. O'Hagan served his apprenticeship to the late Joseph Carroll, Newry, was admitted in Trinity Sittings, 1902, and practised at Dundalk, up to 1935 when he was appointed County Registrar and Under-Sheriff of County Louth. MR. JOHN M. DAVIES, Solicitor, died on 25th September, 1943, at his residence, Ballynascreen, Greenisland, Belfast. Mr. Davies was admitted a Solicitor in Hilary Sittings, 1888, and practised as partner of the firm of Messrs. Crookshank, Leetch and Davies, Dublin, up to 1923, when he was appointed Registrar of the High Court of Justice Northern Ireland. 27