The Gazette 1946-49

April, 1949

Vol. 42 No. 10

'.1949

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND

Vice-Presidents JOSEPH TYRRELL JOSEPH BARRETT

President PATRICK R. BOYD

Secretary ERIC A. PLUNKETT.

FOR CIRCULATION AMONG MEMBERS

MEETINGS OF THE COUNCIL MARCH 24th. The President in the chair: also pre sent: Mr. Joseph Barrett, Vice-President, Messrs. Roger Greene, William S. Hayes, Daniel O'Conncll, Henry P. Mayne, Reginald J. Nolan, Derrick M. Martin, William J. Norman, William L. Duggan, Desmond R. Counahan, Gerald J. O'Donncll, John D. O'Connell, James R. Quirke, George A. Overend, John P. Carrigan, Francis J. Gearty, Thomas A. O'Reilly, Niall S. Gaffney, John J. Dundon, Joseph Barrett, Dermott P. Shaw, Arthur Cox, William S. Huggard, Sean O hUadhaigh. Conflicting Interests : THE Council considered a report from a Committee on the following query: A solicitor, on the occasion of an intended marriage was informed by T.F., the intended husband and son of the settlor P.P. that the latter was prepared to settle certain property on the occasion of the marriage. Following these instruc­ The following was among the business transacted: —

tions he called to the residence of P.P., the settlor, obtaine'd instructions from the latter in person, and drew up the settlement which was executed by all the parties at die settlor's residence. After the settlement had been executed, but before it was stamped, the settlor personally instructed the solicitor not to stamp it for the time being for reasons connected with the amount of the stamp duty. On a later date the settlor's wife informed the solicitor that the settlor had changed his mind, and that no further steps were to be taken for the moment. On a later date, the son T.F. informed the solicitor that P.F. was not proceeding with the settlement, and that he wislic; to take proceedings against him to compel him to carry it out. On the instructions of T.F., the solicitor wrote to P.F. informing him of this. Proceedings are now contemplated between the parties, and the solicitor sought the opinion of the Council as to: — (a) Whether he should stamp and register the settlement. (b) Whether in the event of proceedings he is entitled to act for either of the parties.