131 / 228
estate of the deceased had, from the start, been
carried out by Mr. A. the solicitor-executor, in the
name and on behalf of Mr. B. On the hearing of a
summons claiming a declaration that the liability
of the testator's estate for the costs of administra
tion was limited to the outlay actually incurred and
did not extend to professional charges or profit costs,
it was held that Section 21 of the Trustee Act, 1893,
does not relieve an executor from the duty of justify
ing a retainer made by him, and that the plaintiff
was entitled to the order of inquiry sought.
It was
further held that where the defendant, Mr. A.
joined in proving the will of the testator he created
in himself an inherent incapacity to earn profit costs
in the administration of the estate either for himself
or as agent for Mr. B., and that since a principal,
acting by an agent who is under a disability, cannot
claim to be in any better situation than his agent,
Mr. B. was not entitled to charge profit costs for
work done on his behalf by Mr. A. in the said
administration.
THE REGISTRY
Section A
A VACANCY exists for a qualified assistant or an experienced
law clerk in a busy country office. Apply with qualifications,
etc., to Box A. 116.
Section B
SOLICITOR, qualified six years, very wide experience in both
Civil and Criminal matters desires partnership in City or good
Provincial
Practice. Presently
engaged
in
responsible
position. Highest recommendations and credentials. Replies
to Box No. B. 130.
y
OBITUARY
MR. HERBERT J. SMYTH, Solicitor, died at his resi
dence, 22 Castlewood Avenue, Rathmines, Dublin,
on ist December, .1947.
Mr. Smyth served his apprenticeship to Mr.
Richard A. Burke, Dublin, was admitted in Trinity
Sittings, 1935, and practised at 31 Dame Street,
Dublin, up to July, 1947, when he went to Thurles.
the late Mr. Henry J. Concannon, Tuam, was
admitted a solicitor in Hilary Sittings, 1905, and
.practised at Tuam.
He was Coroner for North
Galway.
MR. BARTHOLOMEW COLLINS, Solicitor, died at
his residence 88 Clontarf Road, Dublin, on i3th
December, 1947.
Mr. Collins served his apprenticeship with the
late Mr. Patrick Ryan of Charleville, was admitted
in Trinity Sittings, 1895, and practised for some
time
in Kanturk. He was appointed Assistant
Revenue Solicitor in 1909, and Solicitor to the
Revenue Commissioners
in 1923. He retired in
1940.
MR. FREDERICK B. McDoNOGH, Solicitor, died at
his residence, Waterslade House, Tuam, Co. Galway,
on 24th December, 1947.
Mr. McDonogh served his apprenticeship with
MR. JOHN M. MARK, Solicitor, died at his residence,
The Banks, Limavady, on 5th January, 1948.
Mr. Mark was apprenticed to the late Fras. J.
Biggan, Belfast, was admitted in Trinity Sittings,
1897, and practised under the style of Todd & Mark,
in Londonderry until the year 1934, when he was
appointed Resident Magistrate. He retired in 1944.
REGISTRATION OF TITLE ACTS,
1891 and 1942
NOTICE.
Folio 11114.
COUNTY MAYO.
Registered Owner: DESMOND GERALD FITZGERALD.
An application has been made by the registered
owner to the Registrar of Titles for the issue of a
Certificate of Title in substitution for the Certificate
specified in the Schedule hereto, which, it is alleged,
has been lost or inadvertently destroyed. The
Registrar of Titles will issue a duplicate Certificate
unless he is notified within 10 days from the date of
this notice that the said Certificate of Title is still
in existence and in the custody of some person other
than
the above-named
registered owner. Any
such notification should state the grounds on which
the Certificate in question is being held.
Dated this 2jth day of January, 1948.
JOSEPH O'BYRNE,
Registrar of Tides.
Land Registry,
Central Office,
Chancery Street,
Dublin.
SCHEDULE ABOVE REFERRED TO.
Land Certificate of Desmond Gerald FitzGerald
to parts of the lands of Gortnafolla, Knockanour,
Leckneen, Lugganashlere, Turlough and Drumdaff,
situate in the Barony of Carra and County of Mayo,
being the lands comprised in said Folio.
NOTICE.
Folio 14299.
-
COUNTY LIMERICK.
Registered Owner : TERESA McNAMARA.
An application has been made by the registered
owner to the Registrar of Titles for the issue of a
Certificate of Title in substitution for the Certificate
specified in the Schedule hereto, which, it is alleged,
has been
lost or inadvertently destroyed. The
45