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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