The Gazette 1974

BOOK REVIEWS Mellows (Anthony R.)—The Law of Succession. Second edition; 8vo.; Pp. xcix, 729; London, Butter- worth, 1973. Dr. Mellows, a solicitor, is Director of Conveyancing Studies in King's College, London. The fact that this learned work has necessitated the publication of a second edition in three years speaks for itself. We were fortunate in having to a large extent a unified Succes- sion Act 1965, but the position is not so simple in England. Some provisions of the out of date Wills Act 1837 still apply there. Many of the provisions of the Administration of Estates Act, 1925, have been re- enacted in our Succession Act, but the system of apply- ing to the Courts under the Inheritance (Family Pro- visions) Act 1938 is inapplicable. The rules relating to doriationes mortis Causa are broadly similar, and the Rule in Parker v. Fc/gate (1883) presumably applies. In this rule, if a competent testator gives instructions to a solicitor to prepare a will, and the will is duly prepared in accordance with instructions, then the will is deemed valid, even if, at the time of execution, the testator is no longer competent to make a will; this is most useful in the case of dying testators. The rules as to revocation and alterations, re-publication and revival of a will which is revoked, are very similar. Part II of the learned work deals with the construc- tion of wills. If the Court cannot deduce the rules of construction from the will itself, then the numerous rules of construction apply, but of course they cannot provide for all contingencies. Such matters as the general intent of the will, the meaning of specified words and phrases and even the Golden Rule, by which the Court will try to admit a sensible meaning to the will in order to avoid intestacy apply. Under the Armchair Rule in construing a will, the Court has the right to ascertain all the facts known to the testator when he was making his will. Part I I I, dealing with Intestacy, has to be read with care, as the rights of the spouse and of the issue are different under Irish Law. Under the Australian case of Schaefer v. Schuhlmann (1972) A.C.—the testator, who wishes to defeat his dependants, has now great scope for doing so, as the Privy Council held that legacies to daughters could not be charged on the matrimonial home. Part V is applicable insofar as it deals with grants and the general powers of executors and ad- ministrators, including revocation of grants. Part VI deals in great detail with the position of the personal representative. While many of the broad principles apply, such as those relating to executor de son tort and devastavit, care should be taken not to read references to land legislation and to taxation, which are different. Part VII deals at length with the position of the beneficiaries, including disclaimer, lapse, commorientes, ademption, satisfaction, and legacies generally. It will be seen that throughout Dr. Mellows in his learned treatise has been most thorough, and has tackled all difficult problems with erudition and clarity. The lay- out and printing are up to the ususl high standard. English practitioners are fortunate in having such a treatise readily available. It is to be hoped that, as the last comprehensive Irish textbook on Probate law by Maxwell was published as long ago as 1900, some Irish

lawyer will consider writing an up to date textbook on the subject. Nelson can only be considered as a practical practitioner's handbook. Munkman (John)—Damages for Personal Injuries and Death. Fifth Edition; 8 vo.; Pp. rxxii, 292; London, Butterworth, 1974; £4.00. Mr. Munkman was invited as long ago as 1953 to write a book upon this intricate subject, and the first edition of this book appeared in 1956 with the aim (1) of giving a complete statement of the principles of law on the assessment of damages for personal injuries includ- ing death, and (2) to frame a broad classification of the types of cases that arise, and to offer typical illustrations of awards. Th at this double aim has been amply achieved is illustrated by the fact that there have been no less than five editions in a space of little more than twenty years, and that the material between the 3rd and 5th editions has been extended by 60 pages. Follow- ing the Report of the New Zealand Royal Commission, which recommended a state insurance scheme covering all injuries where the injured would be adequately com- pensated, the British Government has also established a Iloyal Commission. It would indeed be interesting to hear the comments of the average barrister if such a scheme were ever adopted here. The chapter headings indicate the contents and, in considering damages generally, the Author points out that two main elements are personal loss and pecuniary loss, loss of earnings, loss of career, and medical and nursing and convalescence expenses are fully considered. Pensions, accident insurance, free sick pay, and national insurance benefits are deemed to be possible deductions and set-offs against pecuniary loss. Pain and suffering, nervous shock, disfigurement, discomfort and disease are set out as special headings for damages for personal loss, while damages arising from death are dealt with separately. Perhaps the most important part of the book, is that dealing with illustrations of the Quantum Damages whether in relation to Total Wreck, Eyes, Deafness, Head Injuries, etc.; there is however no precedent as to the Qu a n t um of Damages, and each case can only be determined according to guide lines. As far as total wreck cases involving total paralysis are concerned, one can only say broadly that Irish juries are much more generous in their awards than English juries; exceptionally, in Povey v. Rydal School —(1970) 1 All E.R. 841—a quadriplegic youth of 19 obtained general damages of £75,000. However, in respect of single organs, like ear or neck, the damages tend to be rather low in England. The immense industry and erudition of the learned author in compiling decisions even from English pro- vincial papers is of great advantage as guide lines to be studied, and the volume, in expressing clearly the general principles, as well as stating examples in detail, has proved itself as most useful. It is to be highly recom- mended. In the Preface to the Third Edition, the learned author has expressed admiration for the intrinsic merit of the separate judgments of the House of Lords, who are thus given a wider opportunity to look at old principles from a fresh angle. It is to be hoped that the

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