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APRIL, 1929]
The Gazette
of
the
Incorporated Law
Society ol Ireland.
4l
MR. PATRICK J. BYRNE, Solicitor, died
upon the 28th March, 1929, at his residence,
13 Dublin Street, Carlow.
Mr. Byrne served his apprenticeship with
his brother, the late Mr. William M. Byrne,
Tullow ;
was admitted in Easter Sittings,
1896, and practised at Carlow.
He was a member of the Council of this
Society from 1924.
MR. BERNARD J. O'FLAHERTY, Solicitor,
died upon the 30th March, 1929, at his
residence, Mayfield, Enniscorthy.
Mr. O'Flaherty served his apprenticeship
with his father,
the
late Mr. Peter J.
O'Flaherty, Enniscorthy.
He obtained a
silver medal at his Final Examination and
the
Findlater
Scholarship,
1887;
was
admitted
in Hilary Sittings,
1887,
and
practised at Enniscorthy and Wexford.
He was a member of the Council of this
Society from 1927.
APPOINTMENT.
MR. THADDEUS O'SULLIVAX, Solicitor, has
been appointed an Assistant Justice of the
District Court in Saorstat Eireann.
Mr. O'Sullivan was admitted a Solicitor
in Hilary Sittings, 1923, and practised at
Killarney.
THE LEGAL PRACTITIONERS
(QUALIFICATION) BILL.
This Bill is now before the Senate. On
the 11 th April, on the motion of the Senator
in charge of the measure, the Senate post
poned the consideration cf the Bill, and the
motion for second reading is fixed for 1st
May.
The Council request members of
the Society
to communicate with
those
Senators with whom they may be acquainted
and urge them to oppose the measure.
Copies of the pamphlet issued by the
Council, giving reasons " Why the Incor
porated Law Society of Ireland object to the
Legal Practitioners (Qualification) Bill, 1928,"
can be obtained in the Secretary s Office,
45 Kildare Street, Dublin.
LEGAL DECISION.
PROBATE, DIVORCE AND ADMIRALTY
DIVISION (ENGLAND).
COURT CONTROL OF PROVED WILLS.
In re
WILLIAM GREER, deceased.
(Before the Right Hon. the President.)
His Lordship refused this application on
behalf of the plaintiff in a probate suit in the
Irish Free State for the original will, which
had been admitted to probate in England, to
be allowed to be produced at the trial in
Ireland.
Mr. F. L. C. Hodson (for the applicant),
said that when the action came on in the
Irish Free State the plaintiff sought to put in
evidence a photographic facsimile of the will,
probate of which was opposed in Ireland.
The defendants objected on the ground that
it was not best evidence, and the case was
adjourned for the present application to be
made to the English Court. He now asked
that the will might be sent in the custody of
an official from the Probate Registry to be
produced at the trial in Ireland. Section 11
of the Administration of Justice Act, 1928,
provided :—
" All original wills and other documents
which are under the control of the High
Court, either
in
the principal probate
registry or in any district probate registry,
shall be deposited and preserved in such
places as the President of the Probate
Division, with the consent of the Lord
Chancellor, may direct, and any wills or
other documents so deposited shall, subject
to the control of the High Court and the
provisions of the probate rules and orders,
be open to inspection."
That Section replaced Section 170 of the
Judicature (Consolidation) Act, 1925, which
was to the same effect. Section 172 of the
Act of 1925 said :—
" There shall, under the control and
direction of the High Court, be provided
safe and convenient depositories for the
custody of the wills of living persons, and
any person may deposit his will therein on