Fayne v Martin

• Jurisdiction: Ireland
• Judgment Date: 01 January 1925
• Date: 01 January 1925
• Court: Supreme Court (Irish Free State)

S. C., I. F. S.,

Fayne

and

Martin

Words used in making the gift - Direction to make payments -Delivery - Essential requisites of a donatio mortis causa.

A donatio mortis causa may be made by the donor placing moneys upon deposit receipt in the joint names of himself and the donee. The handing of the deposit receipt to the donee is sufficient delivery, and a direction by the donor to the donee to make certain payments out of the money does not invalidate the gift. D., the owner of a deposit receipt for £280, being in his last illness, requested the bank to issue a new deposit receipt for £180 in the joint names of himself and M. Next day the bank manager filled up a new deposit receipt for £180 in the joint names of D. andM., and handed the receipt for £180 to M. M.brought the deposit receipt for £180 to D. at the latter's home and handed same to D. D.handed back the receipt to M., stating that all that was in the receipt was M.'s, and directing M. to make payments out of it to five named persons amounting to £30. D. did not recover from the illness:—Held, that there was a valid donatio mortis causa of the deposit receipt to M., and that the statement that all that was in the deposit receipt...