The Gazette 1946-49

the late Mr. Henry J. Concannon, Tuam, was admitted a solicitor in Hilary Sittings, 1905, and .practised at Tuam. He was Coroner for North Galway. MR. JOHN M. MARK, Solicitor, died at his residence, The Banks, Limavady, on 5th January, 1948. Mr. Mark was apprenticed to the late Fras. J. Biggan, Belfast, was admitted in Trinity Sittings, 1897, and practised under the style of Todd & Mark, in Londonderry until the year 1934, when he was appointed Resident Magistrate. He retired in 1944. REGISTRATION OF TITLE ACTS, 1891 and 1942 NOTICE. Folio 11114. COUNTY MAYO. Registered Owner: DESMOND GERALD FITZGERALD. An application has been made by the registered owner to the Registrar of Titles for the issue of a Certificate of Title in substitution for the Certificate specified in the Schedule hereto, which, it is alleged, has been lost or inadvertently destroyed. The Registrar of Titles will issue a duplicate Certificate unless he is notified within 10 days from the date of this notice that the said Certificate of Title is still in existence and in the custody of some person other than the above-named registered owner. Any such notification should state the grounds on which the Certificate in question is being held. Dated this 2jth day of January, 1948. JOSEPH O'BYRNE, Registrar of Tides. Land Registry, Central Office, Chancery Street, Dublin. SCHEDULE ABOVE REFERRED TO. Land Certificate of Desmond Gerald FitzGerald to parts of the lands of Gortnafolla, Knockanour, Leckneen, Lugganashlere, Turlough and Drumdaff, situate in the Barony of Carra and County of Mayo, being the lands comprised in said Folio. Registered Owner : TERESA McNAMARA. An application has been made by the registered owner to the Registrar of Titles for the issue of a Certificate of Title in substitution for the Certificate specified in the Schedule hereto, which, it is alleged, has been lost or inadvertently destroyed. The 45 NOTICE. Folio 14299. - COUNTY LIMERICK.

estate of the deceased had, from the start, been carried out by Mr. A. the solicitor-executor, in the name and on behalf of Mr. B. On the hearing of a summons claiming a declaration that the liability of the testator's estate for the costs of administra tion was limited to the outlay actually incurred and did not extend to professional charges or profit costs, it was held that Section 21 of the Trustee Act, 1893, does not relieve an executor from the duty of justify ing a retainer made by him, and that the plaintiff was entitled to the order of inquiry sought. It was further held that where the defendant, Mr. A. joined in proving the will of the testator he created in himself an inherent incapacity to earn profit costs in the administration of the estate either for himself or as agent for Mr. B., and that since a principal, acting by an agent who is under a disability, cannot claim to be in any better situation than his agent, Mr. B. was not entitled to charge profit costs for work done on his behalf by Mr. A. in the said administration. THE REGISTRY Section A A VACANCY exists for a qualified assistant or an experienced law clerk in a busy country office. Apply with qualifications, etc., to Box A. 116. Section B SOLICITOR, qualified six years, very wide experience in both Civil and Criminal matters desires partnership in City or good Provincial Practice. Presently engaged in responsible position. Highest recommendations and credentials. Replies to Box No. B. 130. y OBITUARY MR. HERBERT J. SMYTH, Solicitor, died at his resi dence, 22 Castlewood Avenue, Rathmines, Dublin, on ist December, .1947. Mr. Smyth served his apprenticeship to Mr. Richard A. Burke, Dublin, was admitted in Trinity Sittings, 1935, and practised at 31 Dame Street, Dublin, up to July, 1947, when he went to Thurles. MR. BARTHOLOMEW COLLINS, Solicitor, died at his residence 88 Clontarf Road, Dublin, on i3th December, 1947. Mr. Collins served his apprenticeship with the late Mr. Patrick Ryan of Charleville, was admitted in Trinity Sittings, 1895, and practised for some time in Kanturk. He was appointed Assistant Revenue Solicitor in 1909, and Solicitor to the Revenue Commissioners in 1923. He retired in 1940. MR. FREDERICK B. McDoNOGH, Solicitor, died at his residence, Waterslade House, Tuam, Co. Galway, on 24th December, 1947. Mr. McDonogh served his apprenticeship with