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equitable interest;
and Morris, L.J., as well as
Lord Evefshed, M.R., held that the directions
were not a declaration of trust of a subsisting
equitable interest.
Lord Evershed took the view that a declaration
creating new trusts (such as the direction of Feb. 18
were expressed to be) did not become a " disposi–
tion " of a subsisting equitable interest merely
because the subsisting equitable interest was deter–
mined by the creation of new trusts.
It seems,
therefore, that if a man, being both legally and
beneficially entitled to personalty, declares a trust
of it, writing is not necessary but, if he is entitled
only in equity, a declaration of new trusts, which
in effect replace his beneficial interest, must be in
writing. Section 53 (i) of the English Law of Pro–
perty Act 1925 replaces the Statute of Frauds and
specifies the transactions that are required to be in
writing in order to be valid.
OBITUARY
MR. ROBERT HEUSTON, Solicitor, died at a Dublin
Hospital on the i3th June, 1958.
Mr. Heuston served his apprenticeship with the
late Mr. Thomas O'Meara, 14 Fleet Street and Mr.
David J. O'Meara, Mallow, Co. Cork, was admitted
in Trinity Sittings, 1904 and practised at Tipperary
up to his retirement in 1949.
MR. ROGER O'SULLIVAN, Solicitor, died at his
residence " Yewfort," Patricks-well, Co. Limerick
on the yth July, 1958.
Mr. O'Sullivan served his apprenticeship with the
late Mr. Philip J. O'Sullivan, Limerick, was admitted
in Michaelmas Sittings
1931, and practised at
Limerick under the style of Philip J. O'Sullivan
& Son.
MR. JAMES C. TAYLOR, Solicitor died on the 7th
July, 1958.
Mr. Taylor served his apprenticeship with the
late Mr. Robert Parsons, Belfast, was admitted in
Trinity Sittings, 1904 and practised at Scottish
Provident Buildings, Belfast as senior partner in
the firm of Messrs. J. C. Taylor & Co. He was
an extraordinary member of the Council of the
Society from 1931 to the date of his death.
MR. RICHARD J. MCDONNELL, Solicitor, died ac
a Dublin Nursing Home on the I5th July, 1958.
Mr. McDonnell served his apprenticeship with
the late Mr. William H. Spence, 37 Westmoreland
Street, Dublin, was admitted in Hilary Sittings,
1916
and practised at 4 Templemore Avenue,
Rathgar, Dublin.
MR. HUTCHINSON ERIC DAVIDSON, Solicitor, died
at his residence " Rus-in-Urbe," Ballinasloe, Co.
Galway on the 22nd July, 1958.
Mr. Davidson served his apprenticeship with the
late Mr. Hutchinson Davidson, Ballinasloe, was
admitted in Trinity Sittings, 1921 and practised at
Ballinasloe under the style of Messrs. Hutchinson
Davidson & Son.
MR. JOSEPH MCCARTNEY, Solicitor died at a Dublin
Hospital on the 24th July, 1958.
Mr. McCartney served his apprenticeship with
the late Mr. Patrick J. Hannan, Longford, was
admitted in Trinity Sittings, 1938 and practised
at Dun Laoghaire, Co. Dublin.
THE REGISTRY
Register B
SOLICITOR seeks Assistantship late September or October.
Preferably Dublin or good Provincial Town near Dublin.
Box No. B 226.
SOLICITOR presently in practice desires partnership in well
established firm in good provincial town preferably Leinster.
Box No. B 227.
YOUNG man who passed Final Examination with merit and
who is to be admitted in October seeks position as qualified
assistant to firm of solicitors in city or country. Box No. B 228.
REGISTRATION OF TITLE ACTS,
1891 and 1942
Issue of Duplicate Land Certificate
APPLICATIONS have been received from the registered
owners mentioned in the Schedule annexed hereto,
for the issue of Certificates of Title in substitution
for the original Certificates issued in respect of the
lands specified in the said Schedule, which original
Certificates, it is alleged, have been lost or inadver–
tently destroyed.
A duplicate Certificate will be issued in each case,
except a case in respect of which notification is
received in this Registry within 28 days from the
publication of this notice, that the Certificate of
Title is still in existence, and in the custody of some
person other than the registered owner.
Any
such notification should state the grounds on which
such Certificate is being held.
Dated the a8th day of July, 1958.
Central Office,
Land Registry,
Chancery Street,
DUBLIN.
JOSEPH O'BYRNE,
Registrar of Titles.
33