Cross v Cross

• Jurisdiction: Ireland
• Judgment Date: 12 May 1879
• Court: Court of Appeal (Ireland)
• Date: 12 May 1879

Appeal.

Before BALL, C., and DEASY and FITZ GIBBON, L.JJ.

CROSS

and

CROSS

Finch v. Finch 15 Ves. 50.

Baddeley v. Baddeley 9 Ch. Div. 113.

Dumper v. DumperENR 3 Giff. 583.

Charworth v. Beech 4 Ves. 565.

Shower v. PilckENR 4 Exch. 478.

Rex v. LambtonENR 5 Price, 428.

Gift inter vivos — Declaration of trust — Donatio mortis causâ.

342 LAW REPORTS (IRELAND). 11- R. I. • Appeal. the alternative, that you are to accept the making and publishing; 1878. that you must reject the condition and hold the will good, and O'LEARY treat the publication as absolute-in other words, say to the man DOUGLA SS. V. who has qualified the making and publishing of his will, " No, it must be your will, whether you like it or not, in every event"-with all deference, I say, that is to thrust upon the man as his will what he never meant to be his will at all ; and I think that it is not in accordance with good sense, and is opposed to authority. Solicitor for the Plaintiff : Mr. T. J. White. Solicitors for the Defendant : Messrs. Fay, .11:1` Gough, Fowler. CROSS V. CROSS (1). Appeal. 1879. Ciift inter vivos-Declaration of trust-Donatio mortis causa. May 9, 10, 12. P. C., in 1858, bought in the Ineumbered Estates Court an estate for £3025, and had it conveyed absolutely to his daughter H. C. She owned £1525 of the purchase-money, and P. C. contributed £1500. At the time of the purchase, P. C. used some expressions as to his intention to give this sum to his daughter, but he soon after took from her a promissory note, payable seven days after date, in respect of the interest on which accounts were regularly stated and settled between the father and daughter during his life. In DecemÂber, 1873, P. C. signed an indorsement on the note as follows:-" I direct that this promissory note be delivered up to be cancelled after my death, to the intent that my daughter H. C. shall he exonerated from payment of same. Dated 10th December, 1873. P. C." This was attested by only one witness. There was reliable evidence that at various times, particularly when ill, P. C. told his daughter to take possession of the note when he should be dying. He had the conveyance and the note tied together and placed in his deed-box; and he had a label on them, " These belong to H. C." P. C., having recovered from former illnesses, died after a few days' illness in 1876. During this last illness he said nothing as to the note. About an hour before his death, when he was insensible, H...