Lord Kenyon CJ said: ‘In the case of a donatio mortis causa, possession must be immediately given. That has been done here; a delivery has taken place; but it is also necessary that by parting with the possession, the deceased should also part with the dominion over it. That has not been done here.’
Lord Kenyon CJ
(1798) 2 Esp 663
England and Wales
Cited by:
Cited – Sen v Headley CA 28-Feb-1991
D, who was in hospital and near death, said to R (his former partner): ‘The house is yours, Margaret. You have the keys. They are in your bag. The deeds are in the steel box.’ After D’s death R discovered that D had put had put into her bag the only . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 29 November 2021; Ref: scu.669948