Dunne v Boyd

• Jurisdiction: Ireland
• Judgment Date: 27 November 1874
• Date: 27 November 1874
• Court: Chancery Division (Ireland)

V. C. Court.

DUNNE

and

BOYD.

Amis v. WittENR 33 Beav. 619.

Moore v. MooreELR L. R. 18 Eq. 474.

Veal v. VealENR 27 Beav. 303.

Drury v. Smith 1 P. Wil. 405.

Woodhams v. The Anglo-Astralian and Universal Family Assurance CompanyENR 3 Giff. 238.

Moore v. Darton 4 D. G. & S. 517.

Hills v. HillsENR 8 M. & W. 401.

M'Cormick v. GroganELR L. R. 4 H. L. 82.

Farquharson v. CaveENR 2 Coll. 356, 367.

M'Gonnell v. Murray I. R. 3 Eq. 460.

Thompson v. HeffernanUNK 4 D. & War. 285.

M'Gonnell v. Murray I. R. 3 Eq. 465.

Donatio mortis causa — Bank deposit receipt — Declaration of trust — Must be contemporaneous with the delivery.

Va. VIII.] EQUITY SERIES. 609 wish to observe that, if there be a difference as to the nature of Court for domicil as connected with successions and jurisdictions, I should Mat. Causes. suppose it would be more easy for one to change his status, so as to effect the devolution of his property than so as to oust the municipal jurisdiction founded upon the domicil of origin as regards his matrimonial rights and duties: Deck v. Deck (1). Solicitors for the Petitioner : Messrs. Andrews 8f Mac Lane. Solicitors for the Respondent : Messrs. Whitton 8f Smyth. DUNNE v. BOYD. V. C. Court. Donatio mortis causa-Banedeposit receipt-Declaration of trust-Must be 1874. contemporaneous with the delivery. Nov. 25, 27. 1. Assuming that a bank deposit receipt, whether indorsed or not, may, by manual delivery, be the subject of a donatio mortis causa, the evidence of the gift must be clear and unequivocal. 2. A. donatio mortis causa may he coupled with a trust or a condition, but the expression of the trust or condition mast form part of the donation, either by being contemporaneous with it or so coupled with it by contemporaneous words of reference as in effect to be incorporated with it. 3. On the day before his death R. stated to B.'s wife how, in the event of his death, he wished his property to be disposed of, and, on the following morning, having dictated and signed an order on the Provincial Bank to pay to B. the amount of some bank deposit receipts, attempted to indorse them, but, after indorsing the first, was unable to proceed, and very shortly afterwards died without giving any further expression of his intention :-Held, not to be a valid donatio mortis causa to B., either absolutely or as a trustee. SUIT to establish the validity of a gift as a donatio mortis causa, and for a general administration. From October, 187, when Henry Robinson, the intestate, reÂÂturned from India, until his death on the 21st of March, 1873, he resided with the Plaintiffs-Sarah Dunne (his sister) and her...