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the merits, to a trustee under an express trust.

The position of an executor and a trustee, although

now, for many purposes, they have been assimilated

under the Law of Property Act, 1925, is still not an

identical one and there is a distinction between a

will, which is a public document in the sense that

anybody can go to Somerset House and see it, and

a trust deed, which is a private document to which

the

eestui que

trust has no access. In the absence of

any authority to the contrary I decline to extend

this doctrine to trustees under an express trust.

I hold, therefore, that there was a duty on the

defendant trustees of the settlement, to inform the

plaintiff on attaining twenty-one that he had an

interest in the capital and income of the trust funds

of the settlement. A fortiori, if the trustees did not

hand over income to the plaintiff on attaining twenty-

one to which he was entitled, it would be their

duty to explain to him that he was entitled to call

for and have the interest paid to him.

(Hawksley v.

Afcy(i955) 3

AJ/E.R.

353.)

Note :—Among the duties of trustees of a settle

ment are those of obeying lawful directions in the

settlement and of paying trust moneys, whether

income or capital, to the persons entitled thereto

(see e.g., Underbill on Trusts (loth Edn.},pp.

251, 340).

The performance of these duties will normally

have the consequence that the beneficiary learns

of the existence of beneficial interests in his favour,

and his remedy for failure to carry out the duties

lies in equity. The present case is exceptional in

that the points in relation to trustees' duties arose

in an action at law for damages for conspiracy.

REGISTRATION OF TITLE ACTS,

1891 AND 1942

Folio 5042

Registered Owner:

NOTICE.

County Sligo

BERNARD BREHENY

The Registered Owner has applied for a Duplicate

of the Certificate of Title specified in the Schedule

hereto which is stated to have been lost or in

advertently destroyed.

The Duplicate will be issued unless notification

is received in this Registry within 28 days from

the date of this Notice that the said Certificate of

Title is in the custody of a person not the Registered

Owner. Such notification should state the grounds

on which the Certificate is retained.

Dated this 28th day of April, 1956.

JOSEPH O'BYRNE,

Registrar of Titles.

SCHEDULE.

Land Certificate of Bernard Breheny to 8a. ir. 3ip.

of the lands of Moytirra East situate in the Barony

of Tirerrill and County of Sligo being the lands

comprised in said Folio.

THE REGISTRY

REGISTER B.

PRACTICE or Partnership

required by young

solicitor.

Substantial capital available. Box No. B. 204.

INDEX TO VOLUME 49.

Acting for several parties

Admissions

Agency with English solicitor

..

Agreement to charge less than full fees

Appearance of Counsel at non-judicial Tribunals ..

Application to take apprentice

Auctioneers and Solicitors

..' ;•';'.'.;

Attorney-General

v..

Parsons

.

.

Ballot for the Council

..

Bar Associations, revival of

Beneficiary's right to information

Book-keeping lectures

Building Societies, etc., solicitors to

..

Burnell

v.

British Transport Commission

Bye-laws, amendments to ..

68

30

89

64

2

80

89

93

51

79

94

32

50

Carlos, W. J.

..

..

..

..

..

..

24

Civil Service Appointments

..

..

..

.-57

Change of solicitor, provision for costs

..

..

89

Commissioner for Oaths—Interest

..

..

..41

Commission paid to solicitor's clerk

..

..

..

51

Committees of the Council

..

..

..

60

Compensation Fund Committee

..

..

..

..

79

Compensation Fund Regulations, 1955

..

..

57

Completion of Sale of Registered Land

..

..

2

Compulsory Acquisition-Scale fee

..

..

44

Commonwealth Law Conference

..

..

..

28

Consultations in smoking room

..

..

/.

So

Contentious and non-contentious business, costs

14, 33

Convicted defendant who wins appeal may get costs

.. 70

Coonan, R. F.

..

..

..

..

..

..

24

Correspondence

re

Costs

..

..

..

..

• •

3 3

Costs, appeal against conviction successful

..

..

70

Costs—Contentious Business—Lump Sum Bill

14, 33

Costs of solicitors to building societies ..

..

..

50

Costs—Discretion of Court to order successful dependant

to pay plaintiff's costs

..

..

..

..

25

Costs of arbitrations under Insurance Act, 1936

..

42

Costs—Long lease not at rack rent

..

..

80

Costs, lump sum

..

..

..

..

..

14, 33

Costs under Labourers' Acts

..

..

..

..

42

Costs of Acquisitions by the State and local authorities

11,

18, 43, 81

Counsel—appearance at non-judicial tribunals

..

..

2

Counsel's fee—motion for consent

..

..

..

11

County Registrar must give reasons on taxation

..

69

Cross-examination, waiver of privilege by

..

93

Delays in Public Departments

..

..

'

55, 83

Disciplinary Committee, 1955-56.

..

..60

District Court Rules, 1955

..

..

..

8

District Court Rules (No. 2) 1955

..

7, 17

Documents produced in evidence

..

..

69

Documents by Local Authorities—Sealing

..

..

22