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 have the bond delivered up.
Held: Lord Hardwicke LC said: ‘I am satisfied upon the reason of the thing, and the cases which have been cited, that this is a sufficient donatio causa mortis to pass the equitable interest of this bond on the intestate’s death … . You cannot sue at law without the bond; for though you may give evidence of a deed at law that is lost, yet you cannot of a bond, because you must make a profert of it.’
Lord Hardwicke LC
[1744] EngR 1722, (1744) 3 Atk 214, (1744) 26 ER 924 (B)
Commonlii
England and Wales
Cited by:
Explained – Gardner v Parker And Others 28-Apr-1818
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 . .
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: 22 November 2021; Ref: scu.383578