The Gazette 1918-19

[MAY, 1918

The Gazette of the Incorporated Law Society of Ireland.

Recent Decision Affecting Solicitors. (A'otes of decisions, whether in re-ported or unreported cases, of interest to Solicitors, are invited from Members'?)

the abatement of the profit costs of the Soli– citor was concluded by authority. The effect of declaration in the will enabling the Solicitor to charge for professional services was a bequest to him of a legacy conditional upon his doing the work, the amount of the legacy would be ascertained when the work had been done and the profit costs arrived at. It was nothing more or less than a bequest to the Solicitor of that sum, ultimately to b^e ascertained. His Lordship did not consider that in the case of an insufficient estate such a legacy stood on a different footing from other legacies in the same degree. Therefore, having regard to the principle underlying the decision In re White [1898], i Ch. 297, he must hold that this legacy abated pro– portionally with the charitable legacies. (The Weekly Notes, 118 [1918].) Trinity Sittings Lectures, 1918. LECTURES will be delivered to the Senior Class upon the following dates : June 4, 7, n, 14, 18, 21, 25, 28. Lectures will be delivered to the Junior Class upon the following dates : June 3, 6, 10, 13, 17, 20, 24, 27. Calendar of the Incorporated Law Society, 1918, 'TpHE Calendar and Law Directory, * published by the Society for 1918, can be obtained in the Secretary's Office, price 3s., or by post 3s. 5d.

CHANCERY DIVISION (ENGLAND). (Before EYE, J.). In re BROWN WAGE v. SMITH.

April n, 1918. Will Solicitor Trustee Power to charge—Profit—Costs—Legacy —Insufficient estate—Abatement. By her will, made in 1916, the testatrix- appointed the plaintiffs her executors and trustees, one of whom, W. D., was a Solicitor, and she gave a large number of pecuniary legacies with a direction that they should be paid in full, with all duties thereon, out of her residuary estate in priority to any other legacies given by her will. She then gave a number of charitable legacies, also free of all duties, which were to be paid out of the j residuary estate, and finally, a gift of £10,000 j to the trustees of Westfield College, upon certain trusts, and the residue of her estate j to Westfield College. The will contained a j declaration by the testatrix that every trustee of her will who might happen to be a Solicitor should be entitled to make and be paid all usual professional charges for advice given and business done in reference to her will. The total estate of the testatrix amounted approximately to £56,000, and the total legacies, including that of £10,000, to £63,000, so that an abatement became necessary. A summons was issued by the trustees asking, inter alia, whether the charitable legacies and duties and the sum of £10,000 to the trustees of Westfield College, and the profit costs payable to the plaintiff, W. D., under the power to charge, abated proportionally and part passu. The question as to the abatement of the profit costs of the Solicitor was the main question argued. Eve, J., after holding that the legacy duties must be added to the charitable legacies and all abate rateably, said that the point as to

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