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NOTICE OF CHARITABLE

BEQUESTS

THE attention of solicitors is drawn to Section 19

of the Charitable Donations and Bequests Act, 1867,

which imposes on personal representatives of a

testator whose will contains charitable gifts the

duty of giving public notice of such gifts by adver

tisement. Such advertisement must

(a)

be published

•within three months of the granting of probate or

letters of administration:

(b)

appear once in

Iris

Qifigiuil

and three times successively in a news

paper circulating in the locality where the gift

or the greater part of it is intended to be expended or

applied (or if no direction in a Dublin newspaper) :

(f)

contain the names of the testator, of the persons

to whom the charitable gift is made, and of the

persons appointed by the testator for its manage

ment and direction, and the date of the will or

codicil.

The expenses of the advertisement are

payable out of the charitable funds.

Under Section 16 of the Charitable Donations and

Bequests Act, 1867, the personal representatives are

obliged to furnish to the Commissioner within four

months from the date of the grant of probate

or administration copies of three successive news

papers (other

than

Iris Qifigiuil}

containing

the

advertisements. The Commissioners have power to

grant exemption from the obligation of publishing

advertisements under special circumstances, e.g.,

the smallness of the charitable gift, on application

being made to them.

Where the notices are not published and vouched

within the statutory period of four months it has

been the practice of the Commissioners to write

direct to the personal representatives reminding

them of their statutory obligations. This practice

may cause embarrassment to the solicitors, and the

Council has been

in communication with

the

Secretary

to

the Commissioners with

reference

thereto.

In order to avoid the necessity for such

communications to their clients, solicitors acting

for the personal representatives of testators whose

wills contain charitable gifts are advised to do two

things:

(1) Send the grant of probate or letters of

administration to the Secretary to the

Commissioners for noting as soon as

possible after it has issued and before the

expiration of four months from issuing.

.'..". If this is done the Secretary-to the Com-

..

. missioners will not write direct to the

,'....-

.personal representatives without first com

municating with their solicitor ;.

-

(2) take steps to publish the statutory notices

within

the

statutory period of

three

months, unless the Commissioners have

waived the necessity of publication.

OLD COPIES OF THE CALENDAR

COPIES of the Calendar aire in stock For the following

years—1928, 1933, 1934, 1935, 1937, 1938, 1939,

1940, 1941, 1942- They are about to be sold to the

waste-paper merchants but if any member requires

a copy of the Calendar for any of the above years

he can obtain same on application to the Secretary

immediately.

EXAMINATION RESULTS

AT Examinations held on the ist and 2nd February,

under the Legal Practitioners' (Qualification) Act,

1929, the following passed the examinations :—

First Examination in Irish.

William L. Carroll, Andrew P. Curneen, Walter P.

Maguire, Enda Maher, Patrick U. Murphy, Brendan

O. M. O'Reilly, Thomas B. Reynolds, Henry N.

Robinson.

Thirteen

candidates attended;

eight .passed;

five were postponed; one did not attend.

Second Examination in Irish.

John F. Binchy, Maurice L. Clifford, James P.

Gilvarry, Norman Gruson, Gerard Horan, Mary M.

McFadden, Mary T. O'Connor, Bernard P. D.

O'Kelly, Philip.H. Ordman, Reginald G. H. Roper,

Martin A. Salmon, Stanley A. Siev, Hubert C. Wine.

Twenty candidates attended; thirteen passed;

eight were postponed; one did not attend.

OBITUARY

MR. GEORGE H. PARKES, Solicitor, died at his

residence, Corr Bridge, Sutton, Co. Dublin, on

17th February, 1946.

Mr. Parkes served his apprenticeship with the

late Sir .William Fry of Dublin, was admitted in

Hilary Sittings, 1905, and practised at 20 Fleet

Street, Dublin, under the style of Edmundson &

Parkes until the year 1945, when he retired.

MR. CHRISTOPHER O'CONNELL FrrzSiMON, Solicitor,

died at his residence in Abbeyleix on I9th February,

1946.

Mr. FitzSimon was admitted in Hilary Sittings,

1882, arid practised at Abbeyleix as senior partner

in the firm of FitzSimon & Ryan.

..

.... ...

.

..

MR.

JOHN M. MAXWELL, Solicitor, died at his

residence Roxboro', Baily, Co. Dublin, on 2oth

February, 1946.

_ .

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;;

Mr. Maxwell served his apprenticeship with his

father the late Sir Patrick Maxwell, Dublin, was

84