IN THE MATTER OF THE WILL OF MICHAEL MULCAHY 6/1925

IN TEV MATTER OF THE WILL OF MICHAEL MULCAHY.

RICH J.

LL OF MIGHAGL MULCAHY.

IS THE

SURGUENT.

I agres with the jud, 4 of the Chief Justice,

I desire to add that in cases where infants are oon- cerned great care should be taken that competent persons having no interest adverse to that of the infants are appcinted as guardians ad litem and that except by leave of a Judge g distinct and inde-

pendent solicitor shpuld appear for them.

The_only questions raised by this ageeal ars whether

deettes Dr por Was fight in holding that under the will of Uiehael tulecaly

the aur,

slus income ofdinterest accruing on the shares of the ehildren must be added to the original share cf auch children respectively and devolved ay if 1% formed part vf auch original share.

Sesondly woetver he was right in deciding that the trustees of the will bave no pewer to pay Danial wuloahy vy way of advancement or by way of prewiun the sum of £750 or any part thereof as requested. The petition on which the order wos wade raised certain ether questions

Miceek ave tot Sha tutpeet fat wa aayrve ou the construction of the will(as to wich it ig/Hct within the pro-

vince of this Court to express a judicial opinion, @oa I rofrain from uving 80. In my opinion the learved Judge arrived at a right conclu-

sion on both questions covered by this appeal. As to the first I think clause 6 of the will contains.s reasonably elear direction that so much of the income aceruing on a sons share before he attains the age of 25 years, or qualifies for either of the professions mentioned ,a8 shall not have been applied for his maintenance education and advancement shall be added to the corpus of such share and thenceforth form part of such corpus. The beneficial interest of the gon in such share is to receive

tue income thereof during his life. On his death leaving issue the