Leach V-C. made a declaration that the donee of a bond by way of donatio mortis causa, on indemnifying the donor’s executors, was at liberty to sue on the bond in their names. He said that Snellqrove v. Baily had established: ‘that there may be a donatio mortis causa of a bond, though not of a simple contract debt, nor by the delivery of a mere symbol.’
Leach V-C
[1818] EngR 388, (1818) 3 Madd 184, (1818) 56 ER 478 (B)
Commonlii
England and Wales
Citing:
Explained – Snellgrove v Baily 11-Mar-1744
A bond for pounds 100 was given by one Spackman to Sarah Baily, who delivered it to the defendant, saying: ‘In case I die, it is yours, and then you have something.’ Sarah Baily having died, the administrator of her estate sued unsuccessfully to . .
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: 28 November 2021; Ref: scu.332388