Anna Thompson deceased; Goff v Duffield

• Jurisdiction: Ireland
• Judgment Date: 01 January 1929
• Date: 01 January 1929
• Court: High Court (Irish Free State)

In re Thompson's Estate; Goff v. Duffield.

In the MATTER of the ESTATE of ANNA THOMPSON,Deceased; GOFF

and

DUFFIELD

Donatio mortis causa - Box handed by mistress to servant for delivery to intended donee - Box not delivered until after mistress's death - Whether servant agent for intended donee - Constructive delivery.

Summary Summons.

The facts are summarised in the head-note, and are fully set out in the judgment.

Shortly before her death the deceased handed to her servant a locked box with the key and told her to keep it for A.D. until the latter returned from England, and then to give it to her. The servant was instructed to tell A.D. that what was in the box was for her. The box was not delivered until after the death of the deceased, and, on being opened, it was found to contain a Post Office Savings Bank book, which showed a certain sum standing to the credit of the deceased. It was not disputed that there was an intention to make a donatio mortis causa.

Held, that the intended donatio mortis causa failed, as there was no delivery, actual or constructive, to A.D., since the mere instructions by the deceased to her servant, and the obedience to these instructions by the servant were not sufficient to make the servant an agent of the intended donee.

Cur. adv. vult.

Meredith J. :—

Hard cases, as has often been said, make bad law. This is an extremely hard case, and it is with the most sincere regret that I feel coerced to hold that the intended donatio mortis causacannot be sustained.

The deceased, Miss Anna Thompson, had a fair amount of property, but, for reasons which she stated to a friend, she felt under a moral obligation to dispose of the greater part of it in a particular way. She had, however, as she stated, a sum of £78 of her own in the post office for a certain purpose. It is her dealing in respect of this small sum that has, most regrettably, been questioned.

The deceased was on terms of intimate friendship with Miss Duffield, and, when on her death-bed, sent for her. When Miss Duffield called, someone else was with the deceased, and Miss Duffield said she would call again. But that evening she received news of the serious illness of a nephew in England, and, in consequence, left for England on the following morning. When she returned some days later, she at once called to see Miss Thompson, and then learned that she had just died. What happened in the meantime in respect of the £78 is told in the affidavit of Kate Leavy, the servant-maid of the deceased, as follows:—"She gave me the box, which was locked, and told me to keep it for Miss Annie Duffield until she came back from England, and then to give it to her. She told me to tell Miss Duffield that the box and everything in it was to be hers (Miss Duffield's), except one sovereign, which was to be given to Miss Duffield's sister. She told me to be particular, and see that I gave it to no one save...