Professor Emeritus Alexander John McDonald WS

Professor Stewart Brymer remembers the life of Professor Emeritus Alexander John McDonald WS, who passed away last week at the age of 99.

Alexander (“Alastair”) John McDonald was brought up on a farm in Polmont, near Falkirk, son of a tea planter returned from India. He was the youngest of three, and had two sisters.

He was educated at Cargilfield and then Fettes College as an Open Scholar, where he won a number of prizes. From Fettes, he went on to Christ’s College, Cambridge on an open classics scholarship. At the end of his second year, he was called up and finally graduated only after six years’ service in the Army in India, Burma and Germany, with a “war emergency” BA. He was in anti-aircraft units during the War, rising to lieutenant, and was posted to India and Burma, serving for a while in one of Wingate’s ‘boxes’ behind Japanese lines.

After the War, he embarked on an LLB at the University of Edinburgh, obtaining the first prize in Conveyancing, the Thow Scholarship and John Robertson Prize, graduating with distinction in 1949. In that year, he also qualified as a solicitor, was admitted to the WS Society, and became a partner in the Edinburgh firm of Allan, Dawson, Simpson and Hampton WS. He lectured part-time in Edinburgh University before his appointment to the Chair of Conveyancing at Queens College, St Andrews in 1955, becoming a partner in Messrs. WB Dickie & Sons in 1956. He was Dean of the Law Faculty for a number of years, and was the University solicitor at the time of the split from the University of St Andrews in 1967.

Though part-time, he was Dean of the Law Faculty in 1958-63 and again in 1965-66 all in addition to his responsibilities for the Chair, and his law firm. He became a member of University Court (as well as Senate, ex officio as a professor), and was deeply involved on behalf of Queen’s College in the numerous property transactions which were necessary in order to extend the College site on the Nethergate into a campus extending from the Perth Road to the (New) Hawkhill, and from Park Place to Miller’s Wynd, thus creating what is the current central campus of the University. It would not be inaccurate to say that without his dedication to this task as University Solicitor, the University Precinct would not be what it is today.

His Conveyancing lectures and, more particularly, tutorials were viewed by students with apprehension, on account of their rigour. He was widely referred to as simply “the Prof”. Rarely was anyone late or unprepared for one of his lectures or tutorials. His Conveyancing Manual is in its 7th Edition, and has been a recommended text for Conveyancing on the Diploma in Professional Legal Practice in all universities from its commencement. He also published a Registration of Title Manual to accompany the enactment of the Land Registration (Scotland) Act 1979. His lecture notes were later published for Diploma students as Conveyancing Notes (2nd Edition 1984), and his opinions compiled and published as Professor McDonald’s Conveyancing Opinions (1998). He delivered hundreds of opinions to fellow members of the profession often within a very short timescale. This he saw as his duty to his professional colleagues.

In 1979, he retired from the University, but only nominally, in order to reduce Law Faculty expenditure, and continued teaching for some years thereafter, including on the then new practical Diploma in Legal Studies, which he tackled with his customary enthusiasm, unpaid, with much the same workload. Such was the character and dedication of the man. He remained, even after his retirement, a scholar of the law and someone who was as keen on the development of the future of conveyancing practice as much as the history and integrity of Scots Property law.

Throughout this time, he, together with the late Dr J Stuart Fair, developed their legal practice of Dickie, Gray, McDonald and Fair, then Thorntons & Dickies WS (now known as Thorntons Law LLP) until retiring as a partner in 1984, and becoming a consultant – a role which he assiduously carried out until 2000 or thereby. He was widely regarded in both local and national legal circles as an intelligent, intellectual and unassuming man who had a comprehensive grasp of Scots Property law and Trust law. That knowledge was detailed, sharp and, at all times, focused on the needs of his clients and an unerring duty to do the right thing. Contrary to what some might have thought as a result of his dedicated work ethic and drive, he was always approachable – although one always had to prepare in a comprehensive manner before entering his office – especially if the red light was on outside! Like others of a similar disposition, he was uncompromising in his enthusiasm for the law and its development. He was highly respected in academic and commercial circles and was a co-author of the first of only two Professorial Opinions on Conveyancing.

The foregoing is a description of Alastair McDonald the professor of law and solicitor. There was much more to him than that however. He married Doreen in 1951, and had four children, David, Sandy, Claire and Ginny (and in years to come six grandchildren) living in the West End of Dundee (where it has been said he often carried out gardening under a floodlight due to the long office hours he kept) and latterly in Broughty Ferry and then Monikie. On another occasion after the firm ceased opening on Saturday mornings, he nevertheless continued with his usual routine. It was not until many years later after Doreen was speaking to the wife of another partner in the firm that she realised that the office was actually closed on Saturdays. He was a dedicated family man who enjoyed the music of the 1940s and 50s, such as Glenn Millar, and was an excellent squash player in his early days. He also had a bright sense of humour. He took an interest in the families of those with whom he worked and would always want to know what they were doing. He had a love of foreign travel which he and his wife enjoyed with Stuart Fair and his wife. They travelled widely together and usually returned with ideas for other business developments – one of the most notable being to encourage the firm to develop into the field of Intellectual Property law many years before that discipline became fashionable in Scotland.

Alastair McDonald enjoyed a long and fulfilling life (the only pity being that he did not live to enjoy his 100th Birthday). Knowing the man however, he would not have wanted any fuss to be made preferring, instead, to spend the time with those who he loved – no doubt asking about what they were up to that day and what they were to be doing tomorrow.