Rankin v Weguelin
| Jurisdiction | England & Wales |
| Judgment Date | 02 June 1829 |
| Date | 02 June 1829 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 121
BEFORE SIR JOHN LEACH.
S. C. 29 L. J. Ch. 323, n. See In re Beaumont [1902], 1 Ch. 893.
27BEAV.3M. RANKIN V. WEGUELIN 121 [309] rankin v. weguelin. Before Sir John Leach. June 2, 1829; June 7, 14, 1832. [S. C. 29 L. J. Ch. 323, n. See In re Beaumont [1902], 1 Ch. 893.] The gift of bills of exchange payable to the donor or order, by way of a dvnatio mortis causA, supported. Colonel Weguelin died on the 23d of May 1828, and the three Plaintiffs were his executors. The Defendant, his widow, claimed three bills of exchange under a gift to her by way of donatio mortis causa. On the 2d of June 1829 the ordinary administration decree was made, containing a reference to the Master to inquire under what circumstances the three bills of exchange or promissory notes, amounting together to 300, had been given by the testator to Mrs. Weguelin. Master Farrer made his report on the 15th of March 1832, in which he included the three bills amongst the outstanding estate, and he found as follows:-A fortnight before the death of the testator, Mary Weguelin was in attendance upon him, when he desired her to give him a bundle of papers from his private drawer, in which he was accustomed to keep papers of importance, and, upon her doing so, he selected, out of such bundle of papers, the three bills of exchange for 124, 12s. 8d., and 124, 12s. 8d., and 62, 10s., before mentioned, and having noted in pencil when they would fall due, the [310] testator placed them in her hands, and in a very emphatic manner said to her, " My dear Mary, I give them to you-remember to send them for payment when due;" the testator being under the apprehension of death and thereby meaning, as Mary Weguelin submitted, to give the bills to her for her own use and benefit in case he should die. And he found that Mary Weguelin, having so received the said bills, held and kept them in her own possession until after the death of the testator, and she received the amount of the bills as and when the same became due through her bankers. And he also found that Mary Weguelin, on or about the 30th of October 1828, paid the sum of 311, 15s. 4d., the amount arid produce of the three bills, to the Plaintiffs, the executors of the said testator, but expressly without prejudice to her claim thereto. These bills were in the following form :- " Fort William, 30th June 1827.-124, 12s. 8d.-At twelve months after date of this our first of exchange (second and...
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