Moore v Darton
| Jurisdiction | England & Wales |
| Judgment Date | 13 June 1851 |
| Date | 13 June 1851 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 938
HIGH COURT OF CHANCERY
S. C. 20 L. J. Ch. 626. See Tate v. Leithead, 1854, Kay, 661; In re Dillon, 1890, 44 Ch. D. 82; In re Weston [1902], 1 Ch. 685; In re Andrews [1902], 2 Ch. 397.
938 MOORE V. BARTON 4 DEG. & SM. 517. [517] moore v. darton. June 13, 1851. [S. 0. 20 L. J. Ch. 626. See Tate v. Leithead, 1854, Kay, 661; In re Dillon,* 1890, 44 Oh. D. 82; In re Westm [1902], 1 Ch. 685 In re Andrews [1902], 2 Ch. 397.] Donations mortis causa are not abolished by the Wills Act. Upon a loan the borrower gave the lender a receipt in the following form :--" Received of D. 500, to bear interest at 4 per cent, per annum." Held, that the delivery of this receipt to an agent of the borrower by the creditor on her death-bed, stating that she wished the debt to be cancelled, was a sufficient donatio mortis causa. A receipt in the following form :-" Received of IX, for the use of A., 100, to be paid to A. at D.'s death, but interest at 4 per cent, to be paid to D." Held, a sufficient declaration of trust inter viws. This was an administration suit, which now came on to be heard upon exceptions to the report of the Master; and the question was whether the delivery of two documents constituted a donatio mortis causa. The testatrix had advanced to William Moore, one of the Plaintiffs, 600, and had taken from him upon that occasion the two documents in question signed by him, and which were as follows :- "Received the 22d of October 1843, of Miss Darton, five hundred pounds, to bear interest at 4 per cent, per annum, but not to be withdrawn at less than six months' notice. "500." "william moore." "Received the 22d of October 1843, of Miss Darton, for the use of Ann Dye, one hundred pounds, to be paid to her at Miss Darton's decease, but the interest at 4 per cent, to be paid to Miss Darton. "100." "william moore." " (I approve of the above) Betty Darton." [518] The transactions relied upon as constituting the donatio mortis causa took place on June the 28th, 1845, between Miss Darton and Ann Dye, who was mentioned in the second memorandum, and who was Miss Darton's lady's maid. It was thus described by the lady's maid in her evidence. " Late in the afternoon of the same day I did assist the said Betty Darton in leaving her bed, and she did, after having so risen, take from the said drawer the said two produced memorandums or receipts, marked respectively A and B, and she then again placed them in my hands, at the...
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