The Gazette 1979

SEPTEMBER 1979

GAZETTE

Correspondence

ordinary unregistered post from a Solicitor to his town agent) and the remaining seven were lost in Solicitor's offices. A breakdown of the 1979 applications shows that one Will was lost when the Executor threw it into his waste paper basket, one was alleged to have been destroyed in a fire in a Solicitor's Office, one was lost either by T the Solicitor acting or his town agent, one was alleged to have been posted by a Solicitor to a client who couldn't recall receiving it, one application arose out of the loss of two Codicils given by a Solicitor to the Testator while the other eight applications arose out of the loss of Wills in Solicitor's offices. His Lordship asked me to point out that a significant feature in these cases was the inadequacy of the information about the efforts to trace such Wills or about the circumstances leading to the loss of the Wills in the first instance. He feels that the facts, as revealed above, particularly as regards the loss of Wills in Solicitor's offices, should be a cause of concern to your society and to Solicitors generally. He would be grateful if you would draw the attention of your members to this problem as discreetly as possible. Your Council might also consider giving some guidance in the Matter. Yours truly, Ide Cleir, Probate Officer. Security Pacific Plaza, Although I could live off investments for a while, I am instead seeking out new challenges and opportunities (in no way limited to law). Perhaps I will find myself involved in management, writing, teaching, journalism, or music. A little background: basically a hard charging trial attorney; single; age 39; named San Diego Trial Lawyer of the Month by San Diego Trial Lawyer's Association; Superior Court Judge pro tern; Republican nominee for California State Assembly; successful real estate investor; professional musician (trombone, piano, guitar); song writer (Ed Sullivan TV Show); Pomona College, 1961 (BA in Economics); UCLA Law School, 1964(LLB/JD); Admitted California Bar 1965; Lieutenant U.S. Navy (Law Specialist) 1965-1968; editor of political newspaper; Professor of Law; School Board President; Library Trustee; Director, San Diego Public Defender; Listed in Who's Who in American Law; Board of Directors, Starlight Opera; Arbitrator, San Diego County Bar Association. Please advise me immediately as to positions available. If you have nothing available, please provide recommendations or suggestions, or refer this letter directly to someone who might be able to assist me. Very truly yours, Philip N. Andreen. Attorney at Law 171 1200 Third Avenue, Suite 1200, San Diego, California 92101, (714) 239-3357. Dear Sirs: Having been totally inspired by a recent four-month trip through Europe, and having recently completed fifteen years of successful practice as an attorney, I have decided to close my San Diego law office and return to Europe to reside.

22 Lower Baggot Street, Dublin 2.

Re: Hotel Licences Dear Sir,

I wonder if you would bring to the attention of the profession, through the Gazette, the inherent dangers in accepting a licence attached to a hotel premises without proper investigation as to whether it is, in fact, an hotel or an ordinary 7-day Publican's licence. On the face of it a licence is stated to be "Publican's Licence (Ordinary)" with a caveat on the back of the licence to the effect that the form in respect of both an hotel and a seven-day ordinary Publican's Licence are the same but that there are certain restrictions attached to a "Hotel Licence" which do not attach to a seven-day Publican's Licence. It seems to me that there are some solicitors, most auctioneers and practically all holders of hotel licences under the impression that they have got a 7-day Publican's licence. Where a "Hotel Premises" are being sold then it is incumbent upon both the solicitor for the Purchaser and Vendor to check in the District Court Licensing Office as to whether the licence is an hotel licence or otherwise. If it is an hotel licence, that has been enlarged under Section 19 of the 1960 Act then prospective purchasers should ascertain the following:— Was the original "Dispense" licence under Section 2 of the 1902 Act granted prior to the passing of the 1960 Act, and if so:— 1. Does the premises have the necessary rooms qualifications i.e. at least 10 apartments, or if situate in a County Borough, including the Dublin Metropolitan District, 20 apartments. 2. That the premises are registered in the register of hotels kept by Bord Failte Eireann. The Dublin Metropolitan Licensing District Court has adopted the practice of forwarding to Bord Fáilte a list of premises that should be registered with them under Section 20 of the 1960 Licensing Act. Failure to be so registered in the Register of Hotels disentitles renewal of the licence. Yours sincerely, Frank O'Donnell. Dear Sir, I have been directed by the Probate Judge to write to you to express his concern about the growing number of original Wills which are being lost, necessitating applications to Court to prove such Wills in terms of a copy or of a reconstructed copy. In the calendar year 1978 there were eleven applications to the High Court to prove Wills or Codicils in terms of a copy, where the originals had been lost. In the Calendar year 1979, up to and including 30th July, there have been a further thirteen such applications. A breakdown of the 1978 applications shows that one Will was lost when a house was burgled, three were lost in the post (one being lost while being transmitted by Probate Office, Four Courts, Re: Loss of Wills Dublin 7.