Murray v Murray and Scanlon

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 13 July 1939
• Date: 13 July 1939

(H.C.),

Murray

and

Murray and Scanlon

Money deposited payable "on the receipt or endorsement of them, or of any one or more of them" - Death of depositor - Claim by personal representative -Rebuttal of presumption of resulting trust -Whether a declaration of trust - Admissibility of evidence - Effect of requisition made in writing by depositor to the bank for the deposit receipt -Absolute assignment of a chose in action by depositor to the three persons named in deposit receipt - Express notice to the bank of the absolute assignment - Joint tenancy between the three persons named in deposit receipt - Severance of joint tenancy by death of depositor - Right of survivors to the fund - Legal character of the co-ownership of a chose in action represented by a deposit receipt.

J.M., an old man, returned from America to Donegal in 1926 with a sum of £300. He was received into the house of his nephew and niece, the defendants. From time...