M'Gonnell v Murray

• Jurisdiction: Ireland
• Judgment Date: 03 May 1869
• Date: 03 May 1869
• Court: Rolls Court (Ireland)

Rolls.

M'GONNELL

and

MURRAY.

Thompson v. Heffernan 4 Dr. & War. 285.

Cosnahan v. Grice 15 Moo. P. C. C. 215.

Ward v. TurnerUNK 2 Ves. 431; 1 W. & T. L. C. 816.

Duffield v. ElwesENR 1 Bli. N. S. 497.

Moore v. Darton 4 D. & Sm. 517.

Witt v. Amis 1 Best. & Sm. 109.

Amis v. WittENR 33 Beav. 619.

Tate v. Hilbert 2 Ves. Jun. 111.

Hewit v. KayELR L. R. 6 Eq. 198.

Bromley v. BruntonELR L. R. 6 Eq. 275.

Gillespie v. Croker 16 Ir. Ch. R. 182.

Walsh v. Studdart 4 Dr. & War. 159.

Woodhouse v. The Anglo-Australian Assurance CompanyENR 3 Giff. 238.

Veal v. VealENR 26 Beav. 303.

Rankin v. WeguelinENR 26 Beav. 309.

Boutts v. EllisENR 17 Beav. 121; 4 D. M. & G. 249.

Jones v. SelbyENR Prec. Ch. 300.

Gardner v. ParkerUNK 3 Mad. 184.

Cosnahan v. Grice 15 Moo. P. C. C. 223.

Gillespie v. Croker 15 Ir. Ch. R. 182.

Ward v. Turner 1 W. & T. 831.

Snellgrove v. BailyENR 3 Atk. 214.

Duffield v. ElwesENR 1 Dow. & Cl. 10; 1 Bli. N. S. 536.

Richards v. Syms Barnard, Ch. Rep. 90.

Veal v. VealENR 27 Beav. 303.

Miller v. MillerENR 3 P. Wms. 358.

Tate v. Hilbert 2 Ves. 111.

Rankin v. WeguelinENR 27 Beav. 309.

Moore v. Dainton 4 D. & Sm. 517.

Drury v. SmithENR 1 P. Wms. 404.

Jones v. Selby Prec. in Ch. 300.

Ward v. Turner 2 Ves. 431.

Hewitt v. KayeELR L. R. 6 Eq. 200.

Amis v. WittENR 33 Beav. 619; 1 B. & Sm. 109.

Hewitt v. KayeELR L. R. 6 Eq. 275.

Boutts v. Ellis 4 D. M. & G. 249.

Bromley v. BruntinELR L. R. 6 Eq. 275.

Lawson v. LawsonENR 1 P. Wms. 441.

Donatio mortis causa — Evidence — Delivery of Savings' Bank Book.

460 THE IRISH REPORTS. [I. R. Bolls. the prior creditor, and in which he must be paid as well as the 1869. Plaintiff who got the receiver. BANAUZE The Plaintiff there was a creditor by judgment, and it was con- y. ceded that, as such, his security was subject to all the prior claims THE BELFAST AND which attached to the property in the hands of the Defendants. I Co.DOW RAILWAY N Co. was not dealing, as here, with the claims of Plaintiffs in two wholly independent suits. The observations which I made in that case are to be taken in reference to the facts of it. If the words which I used were applied to a case like the preÂÂÂsent, it would be giving them a much more general application than I intended. I did not, nor I believe did Master Fitzgibbon,' intend to lay down any general proposition which would be appliÂÂÂcable to all cases. I must, therefore, hold that the Plaintiffs cannot attach the moneys received by the receiver prior to his extension. Solicitors for the Plaintiffs : Messrs. Geale, Dwyer, and Co. Solicitors for the Defendants : Messrs. H. Wallace and Co. ifoils. 1869. April 27. May 1, 3. M'GONNELL v. MURRAY. Donatio mortis camel-Evidence-Delivery of Savings' Bank Book. A donatio mortis causd may be established by the evidence of the donee alone. The delivery of the book of a depositor in a savings' bank is not a sufficient delivery to constitute a donation of the money deposited. THE cause petition was filed for the administration of the perÂÂÂsonal estate of Margaret Morgan, who died intestate on the 23rd of January, 1867, by Kate M`Gonnell, who claimed to be a creditor of the deceased, for services rendered to her, and who also claimed -as a donatio mortis causd a sum of £70 5s. 8d., deposited in the Abbey-street Savings' Bank in the name of the deceased. Master Litton, to whom the matter was referred, by an order of the 18th of January, 1868, declared that the gift by the intestate to the PetiÂÂÂtioner of the Savings' Bank book constituted a good donatio mortis causes of the £70 5s. 8d. and interest standing to her credit in the Yu. III.] EQUITY SERIES. 461 Bank, and that the intestate was, at her death, indebted to the Pe- Polls. titioner in £24, as remuneration for her services. The affidavit of 1869. the Petitioner relied on before the Master in support of the gift of M'GoNNELL the £70 5s. 8d., was as follows :- MURRAY. " On Saturday, the 22nd of December, 1866, I called upon the said intestate and asked her if she had any commands, whereupon she handed me her Savings' Bank book and requested that I would get it settled, cautioning me at the same time as to the care I was to take of it, inasmuch as there would be no one between me and it when she would be gone. I got the said Savings' Bank book made up, and gave same back to Mrs. Morgan, who placed it in the tin box in which she usually kept her receipts and other papers of importance." This occurrence took place in the presence of Jane M`Kenna, who corroborated it. The affidavit of Miss MGonnell further stated :- " On the 20th of January, 1867, the illness under which said intestate was labouring increased so much that she became sensible that there was no chance of her recovery, and, in the dusk of the evening, she called me to her bedside, and desired Mrs. M`Kenna to hand her the tin box containing her papers, and the same having been placed in her hands, she, the said intestate, took out the said Savings' Bank book and the certificates of the purchase-money of certain stock, and told me to keep all for my own use. Having given me the said Savings' Bank book and receipt, the said intestate called my attention to the fact that there were certain receipts and valuable papers, &c., and that I ought to put same into some careÂÂÂful place until it should be wanted; and then, after a little consideÂÂÂration, she called the said Mrs. M'Kenna to hold the light, so as to enable me to put the said tin box into a press which was in the adjoining room, and I accordingly did put same into said press, and locked same, and put the key thereof into my pocket." As to the transaction of the 20th of January, the statement in the affidavit of Jane Maenna was as follows : " On the Sunday night immediately prior to her death, that is to say, on the 20th of January, 1867, and when she was quite sensible that her recovery was hopeless, the said Margaret Morgan, having called the said Kate M'Gonnell to her bedside, requested Rolls. me to hand her the said tin box, and I then stooped down and took 1869. same from under the bed and placed it in her, the said Margaret 21,GoNNELL Morgan's, own hands, as requested. Immediately after I had so v. given the said box I turned my head to go into the adjoining room, and had merely time to see the said Margaret Morgan open the lid of said box and put her hand...