Bunn and Another v Markham and Others
| Jurisdiction | England & Wales |
| Judgment Date | 26 November 1816 |
| Date | 26 November 1816 |
| Court | Court of Common Pleas |
English Reports Citation: 129 E.R. 90
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 2 Marsh. 532; at Nisi Prius, Holt N. P. 351.
[224J bunn and another . markham and others. Nov. 26, 1816. [S. C. 2 Marsh. 532 ; at Nisi Prius, Holt N. P. 351.] A person supposing himself in extremis caused India bonds, Batik notes, and guineas to be brought out of bis irou chest, and laid on his bed ; he then caused them to be sealed up in three parcel^, and the amount of the contents to be written on them with the words "for Mrs. and Miss C.," the Plaintiffs ; he then directed the brother to replace them in the iron chest, to be locked up, the keys to be sealed up, and directed "to be delivered to J.'' (his solicitor and one of his executors) after his decease, and replaced in his own custody near his bed, and afterwards spoke of this property as given to the Plaintiffs : Held this was not a donatio mortis causa, for want of a sufficient delivery, and continuing possession. This wag an action of trover, brought to recover from the Defendants, who were the executors of Sir Jervase Clifton, Bart, deceased, certain India bonds, bank notes, guineas, an iron chest, and the boxes and envelopes in which these securities and money had been contained. The cause was tried at Guildhall at the sittings after Trinity term, 1816, before G/ibbs C. J. The evidence was, that Sir Jervase Clifton, being of an advanced age, and confined to his bed, and having by his will, dated in 1814, bequeathed all his cash, notes, and India bonds to his executors, to be sold and invested in trust for his daughter, the wife of the Defendant Markham, and her children, on 24th March, thinking himself near his end, sent for his solicitor, the Defendant Jaraaon, to make a codicil to his will, whose partner Leeson attended him, and prepared a codicil, by which the testator gavo to the Plaintiff Mary Bunn, otherwise Clifton, (who had for more than thirty years cohabited with him, and was the mother of the other Plaintiff,) 20001., and to his and her daughter, the Plaintiff Rebecca Clifton, the like sum of 20001. While the solicitor was in the house, the testator taking some keys from a basket which he always kept by his bed-side, delivered them to John Bunn Clifton, (his son by the one, and the brother of the other Plaintiff,) Leeson, and a tenant named Sandby, in whom he reposed great confidence, and directed them to go to an iron chest in which he kept bis valuables, fixed in the wall of another room in bis house, and to bring from it whatever property they found there. They brought three parcels, [225] and laid them on his bed, one of which contained three India bonds, value 15001., and bank notes, together of the value of 22251., another contained 11001. in bank notes, and the other contained 479 guineas, the value of the whole being 38291. The testator, on being informed that the amount was about 1701, short of 40001., said ifc should be made up to 40001. even money, and directed for the Plaintiffs, 20001. for each ; but the complement was never in fact added. On the box which contained the 22251. Mr. Bunn Clifton had before, on the 7th of March, by the testator's direction, written "For Mrs. and Miss Clifton, 5041." The other two parcels, Mr, Bunn Clifton, by his father's direction, on the present occasion sealed up and wrote on them the words, "For Mrs. and Miss Clifton." The testator charged Mr. Clifton, that after his decease he should deliver these to his mother and sister, the Plaintiffs. Mr. Clifton, by his father's direction, replaced this property in the iron chest, looked it, and brought back the keys, which Leeson, by the testator's direction, sealed, up in a paper parcel, and wrote thereon, "To be deliyered to Mr. Jamson after Sir Jervas Clffton's decease." The keys were then again...
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