Mills v Shields and Kelly
| Jurisdiction | Ireland |
| Judgment Date | 18 May 1948 |
| Date | 18 May 1948 |
| Court | High Court |
Death from cause other than that contemplated - Delivery to donor's agent -Whether an effective donatio.
A.M., while suffering from some neurosis and contemplating a journey to Dublin for medical treatment, deposited a parcel of currency notes with a priest, his spiritual adviser, and requested him, if anything should happen to him (A.M.), while he was away, to give the parcel to A.M.'sbrother in South Africa. About three weeks later A.M. set out for Dublin on the intended journey, but left the train en route and took his own life the same day. On the question whether there had been a valid donatio mortis causa to, or for the benefit of, A.M.'s brother: Held(following Wilkes v. AllingtonELR [1931] 2 Ch. 104), that the donatio mortis causa was not invalidated by the death of the donor from a cause other than that apparently contemplated, nor (distinguishing Agnew v. The Belfast Banking Company [1896] 2 I. R. 204) by the mere possibility that the donor contemplated being visited by an irresistible impulse to commit suicide, nor (following In re Korvine's Trust, Levashoff...
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Mills v Shields and Kelly (No. 2)
...of stock and shares, in circumstances which were sufficient, in respect of the moneys, to constitute a valid donatio mortis causa: see [1948] I. R. 367. The question whether or not the delivery of the said certificates was sufficient to pass the title to the several properties to which they......