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BOOK REVIEWS
Mellows (Anthony R.)—The Law of Succession.
Second edition; 8vo.; Pp. xcix, 729; London, Butter-
worth, 1973.
Dr. Mellows, a solicitor, is Director of Conveyancing
Studies in King's College, London. The fact that this
learned work has necessitated the publication of a
second edition in three years speaks for itself. We were
fortunate in having to a large extent a unified Succes-
sion Act 1965, but the position is not so simple in
England. Some provisions of the out of date Wills Act
1837 still apply there. Many of the provisions of the
Administration of Estates Act, 1925, have been re-
enacted in our Succession Act, but the system of apply-
ing to the Courts under the Inheritance (Family Pro-
visions) Act 1938 is inapplicable. The rules relating to
doriationes mortis Causa
are broadly similar, and the
Rule in
Parker v.
Fc/gate (1883) presumably applies. In
this rule, if a competent testator gives instructions to
a solicitor to prepare a will, and the will is duly
prepared in accordance with instructions, then the will
is deemed valid, even if, at the time of execution, the
testator is no longer competent to make a will; this is
most useful in the case of dying testators. The rules as
to revocation and alterations, re-publication and revival
of a will which is revoked, are very similar.
Part II of the learned work deals with the construc-
tion of wills. If the Court cannot deduce the rules of
construction from the will itself, then the numerous
rules of construction apply, but of course they cannot
provide for all contingencies. Such matters as the
general intent of the will, the meaning of specified
words and phrases and even the Golden Rule, by which
the Court will try to admit a sensible meaning to the
will in order to avoid intestacy apply. Under the
Armchair Rule in construing a will, the Court has the
right to ascertain all the facts known to the testator
when he was making his will.
Part I I I, dealing with Intestacy, has to be read with
care, as the rights of the spouse and of the issue are
different under Irish Law. Under the Australian case of
Schaefer v. Schuhlmann
(1972) A.C.—the testator, who
wishes to defeat his dependants, has now great scope for
doing so, as the Privy Council held that legacies to
daughters could not be charged on the matrimonial
home. Part V is applicable insofar as it deals with
grants and the general powers of executors and ad-
ministrators, including revocation of grants. Part VI
deals in great detail with the position of the personal
representative. While many of the broad principles
apply, such as those relating to
executor de son tort
and
devastavit,
care should be taken not to read references
to land legislation and to taxation, which are different.
Part VII deals at length with the position of the
beneficiaries, including disclaimer, lapse,
commorientes,
ademption, satisfaction, and legacies generally. It will
be seen that throughout Dr. Mellows in his learned
treatise has been most thorough, and has tackled all
difficult problems with erudition and clarity. The lay-
out and printing are up to the ususl high standard.
English practitioners are fortunate in having such a
treatise readily available. It is to be hoped that, as the
last comprehensive Irish textbook on Probate law by
Maxwell was published as long ago as 1900, some Irish
lawyer will consider writing an up to date textbook
on the subject. Nelson can only be considered as a
practical practitioner's handbook.
Munkman (John)—Damages for Personal Injuries and
Death.
Fifth Edition; 8 vo.; Pp. rxxii, 292; London,
Butterworth, 1974; £4.00.
Mr. Munkman was invited as long ago as 1953 to write
a book upon this intricate subject, and the first edition
of this book appeared in 1956 with the aim (1) of
giving a complete statement of the principles of law on
the assessment of damages for personal injuries includ-
ing death, and (2) to frame a broad classification of the
types of cases that arise, and to offer typical illustrations
of awards. Th at this double aim has been amply
achieved is illustrated by the fact that there have been
no less than five editions in a space of little more than
twenty years, and that the material between the 3rd
and 5th editions has been extended by 60 pages. Follow-
ing the Report of the New Zealand Royal Commission,
which recommended a state insurance scheme covering
all injuries where the injured would be adequately com-
pensated, the British Government has also established
a Iloyal Commission. It would indeed be interesting
to hear the comments of the average barrister if such
a scheme were ever adopted here.
The chapter headings indicate the contents and, in
considering damages generally, the Author points out
that two main elements are personal loss and pecuniary
loss, loss of earnings, loss of career, and medical and
nursing and convalescence expenses are fully considered.
Pensions, accident insurance, free sick pay, and national
insurance benefits are deemed to be possible deductions
and set-offs against pecuniary loss. Pain and suffering,
nervous shock, disfigurement, discomfort and disease
are set out as special headings for damages for personal
loss, while damages arising from death are dealt with
separately. Perhaps the most important part of the book,
is that dealing with illustrations of the Quantum
Damages whether in relation to Total Wreck, Eyes,
Deafness, Head Injuries, etc.; there is however no
precedent as to the Qu a n t um of Damages, and each
case can only be determined according to guide lines.
As far as total wreck cases involving total paralysis are
concerned, one can only say broadly that Irish juries are
much more generous in their awards than English
juries; exceptionally, in
Povey v. Rydal
School
—(1970)
1 All E.R. 841—a quadriplegic youth of 19 obtained
general damages of £75,000. However, in respect of
single organs, like ear or neck, the damages tend to be
rather low in England.
The immense industry and erudition of the learned
author in compiling decisions even from English pro-
vincial papers is of great advantage as guide lines to be
studied, and the volume, in expressing clearly the general
principles, as well as stating examples in detail, has
proved itself as most useful. It is to be highly recom-
mended.
In the Preface to the Third Edition, the learned
author has expressed admiration for the intrinsic merit
of the separate judgments of the House of Lords, who
are thus given a wider opportunity to look at old
principles from a fresh angle. It is to be hoped that the
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