The Gazette 1944-46

NOTICE OF CHARITABLE BEQUESTS

OLD COPIES OF THE CALENDAR COPIES of the Calendar aire in stock For the following years—1928, 1933, 1934, 1935, 1937, 1938, 1939, 1940, 1941, 1942- They are about to be sold to the waste-paper merchants but if any member requires a copy of the Calendar for any of the above years he can obtain same on application to the Secretary immediately. EXAMINATION RESULTS AT Examinations held on the ist and 2nd February, under the Legal Practitioners' (Qualification) Act, 1929, the following passed the examinations :— First Examination in Irish. William L. Carroll, Andrew P. Curneen, Walter P. Maguire, Enda Maher, Patrick U. Murphy, Brendan O. M. O'Reilly, Thomas B. Reynolds, Henry N. Robinson. Thirteen candidates attended; eight .passed; five were postponed; one did not attend. Second Examination in Irish. John F. Binchy, Maurice L. Clifford, James P. Gilvarry, Norman Gruson, Gerard Horan, Mary M. McFadden, Mary T. O'Connor, Bernard P. D. O'Kelly, Philip.H. Ordman, Reginald G. H. Roper, Martin A. Salmon, Stanley A. Siev, Hubert C. Wine. Twenty candidates attended; thirteen passed; eight were postponed; one did not attend. OBITUARY MR. GEORGE H. PARKES, Solicitor, died at his residence, Corr Bridge, Sutton, Co. Dublin, on 17th February, 1946. Mr. Parkes served his apprenticeship with the late Sir .William Fry of Dublin, was admitted in Hilary Sittings, 1905, and practised at 20 Fleet Street, Dublin, under the style of Edmundson & Parkes until the year 1945, when he retired. MR. CHRISTOPHER O'CONNELL FrrzSiMON, Solicitor, died at his residence in Abbeyleix on I9th February, 1946. Mr. FitzSimon was admitted in Hilary Sittings, 1882, arid practised at Abbeyleix as senior partner in the firm of FitzSimon & Ryan. .. .... ... . .. JOHN M. MAXWELL, Solicitor, died at his residence Roxboro', Baily, Co. Dublin, on 2oth February, 1946. _ . - ;; Mr. Maxwell served his apprenticeship with his father the late Sir Patrick Maxwell, Dublin, was 84 MR.

THE attention of solicitors is drawn to Section 19 of the Charitable Donations and Bequests Act, 1867, which imposes on personal representatives of a testator whose will contains charitable gifts the duty of giving public notice of such gifts by adver tisement. Such advertisement must (a) be published •within three months of the granting of probate or letters of administration: (b) appear once in Iris Qifigiuil and three times successively in a news paper circulating in the locality where the gift or the greater part of it is intended to be expended or applied (or if no direction in a Dublin newspaper) : (f) contain the names of the testator, of the persons to whom the charitable gift is made, and of the persons appointed by the testator for its manage ment and direction, and the date of the will or codicil. The expenses of the advertisement are payable out of the charitable funds. Under Section 16 of the Charitable Donations and Bequests Act, 1867, the personal representatives are obliged to furnish to the Commissioner within four months from the date of the grant of probate or administration copies of three successive news papers (other than Iris Qifigiuil} containing the advertisements. The Commissioners have power to grant exemption from the obligation of publishing advertisements under special circumstances, e.g., the smallness of the charitable gift, on application being made to them. Where the notices are not published and vouched within the statutory period of four months it has been the practice of the Commissioners to write direct to the personal representatives reminding them of their statutory obligations. This practice may cause embarrassment to the solicitors, and the Council has been in communication with the Secretary to the Commissioners with reference thereto. In order to avoid the necessity for such communications to their clients, solicitors acting for the personal representatives of testators whose wills contain charitable gifts are advised to do two things: (1) Send the grant of probate or letters of administration to the Secretary to the Commissioners for noting as soon as possible after it has issued and before the expiration of four months from issuing. .'..". If this is done the Secretary-to the Com- .. • . missioners will not write direct to the ,'....- .personal representatives without first com municating with their solicitor ;. - (2) take steps to publish the statutory notices within the statutory period of three months, unless the Commissioners have waived the necessity of publication.