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

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.