The Gazette 1958-61

15 of the Wills Act, 1837, from entitlement to re muneration for his services as trustee under clause 16 or to charge professional remuneration under clause 17 of the will, since he was only appointed as a trustee of the will by the surviving trustee after the testator had died and the will had been proved. Section 15 provides : "... if any person shall attest the execution of any will to whom . . . any beneficial interest . . . shall be thereby given or made, such beneficial interest. . . shall ... be utterly null and void . . ." The Master of the Rolls, giving judgment, said that the language of section 15 of the Act 1837, pointed on its face to an inquiry at one date only— namely, the date at which the will was attested ; and the question to be posed at that date was whether any beneficial interest was given to the attesting witness under the will. Mr. Tildesley's name did not appear anywhere in it; nor when the testator died was he a beneficiary under it. He had been appointed as a trustee, as anybody in the world might have been, by persons other than the testator after the testator's death, and his interest under the will arose therefore from what might be called a novus actus interveniens. The appeal should be allowed. (See Gazette, Vol. 52, No. 6, pages 69-70) (Re Royce, Deed.— The Times, 15 July, 1959). Plaintiff's solicitors ordered to pay costs of the day, when plaintiff did not attend. Mr. Justice Finnemore ordered that the plaintiff's solicitors subject to an application to the Court, should pay the costs thrown away in the day's hearing of this case, at which the plaintiff failed to attend. Counsel for the plaintiff, said that when the case came into the list yesterday, the plaintiff's London agents made efforts to warn his Southend solicitor by telephone, but these efforts were unsuccessful. They had been able to communicate with him only this morning, with the result that the plaintiff, who was in Southend, had only just learnt of the matter, and would not be able to reach the Court before about the usual time of the adjournment. Counsel for the defendants, said that most of his witnesses, had been brought back specially from their holidays for to-day's hearing. His Lordship said that it was intolerable if a case was put into the list and one could not get hold of the plaintiff. Perhaps counsel for the plaintiff would convey to those concerned the very considerable displeasure of the Court. The defendants must have their costs of to-day in any event, and subject to an application to the Court these costs must be paid by the plaintiff's solicitors. Unless it turned out

Passed (in alphabetical order) : Michael J. P. Alien ; Mary Binchy; Michael J3. Creed; James J. Dennison ; Joseph Gilmartin ; Rory M. Hogan ; Thomas Jackson ; John Jay ; Charles McDonnell; Patrick J. J. McGrath; Peter J. McMahon; Roderick D. O'Donnell; Francis J. O'Mahony. 42 entered ; 17 passed. The Centenary prize was awarded to Maurice R. Curran. PRESENTATION OF CERTIFICATES OF ADMISSION On July 24th the President at a ceremony in the Society's Library presented certificates of admission to the following Solicitors :— Michael P. M. Connellan, Church Street, Longford ; Thomas F. Cusack, B.C.L., Ballyjames- duff, Co Cavan; Miss Fionnuala Duane, B.C.L., LL.B., 23 Eaton Square, Monkstown, Co. Dublin (2nd Place, Final Examination, May 1959, Special Certificate); Michael J. Fitzsimons, B.C.L., i Ludlow Street, Nava.n, Co. Meath; Miss Maire N. Gibbons, B.C.L., 16 Dollymount Avenue, Clontarf, Dublin ; Miss Jill Greensmith, 16 Garville Avenue, Rathgar, Dublin; Michael J. Hogan, B.C.L., Ladymount, Callan, Co. Kilkenny ; Thomas J. D. Lane, B.A.(Mod-), LL.B., The Hut, Howth, Co. Dublin; Miss Noelle Maguire, Bullock Castle, Dalkey, Co. Dublin ; Kevin C. McGilligan, B.C.L., 5 8 Lansdowne Road, Dublin ; Miss Gertrude L. O'Connell, B.C.L., Alta Villa, Listowel, Co. Kerry ; Miss Rosaleen Walsh, B.A., Port-na-Blagh, Co. Donegal. LIBRARY Vacation Arrangements THE Library will be closed from Thursday, 2yth August to Saturday, 26th September, inclusive. The Library will re-open on Monday, 28th September at 10 a.m. Members wishing to borrow books urgently may do so by applying to the office. DECISIONS OF PROFESSIONAL INTEREST Solicitor-trustee has a right to be paid even if an attesting witness to will, if he is appointed trustee after testator has died. The Master of the Rolls, Lord Justice Hodson and Lord Justice Romer in the Court of Appeal allowed this appeal by a solicitor, Mr. George Tildesley, of Staines, from the decisions of Mr. Justice Wynn Parry on November 5, 1958 (1959) i Ch. 191). The Court held that although he was an attesting witness of the will of the late Sir Frederick Royce, who died in 1933, he was not precluded by section