Taggart v. Higgins' Executor [1900] ScotLR 37_843 (30 June 1900)

Taggart v. Higgins' Executor [1900] ScotLR 37_843 (30 June 1900)

The pursuer failed to establish that the deceased had the requisite animus donandi or unequivocal intention to make a present gift of the funds mortis causa. The evidence was conflicting, and the entry of the pursuer's name in the bank book was insufficient without clear supporting evidence of donative intent.

Citation
[1900] ScotLR 37_843
Parties
Pursuer: Mary Higgins or Taggart; Defender: John Cochrane, executor-dative of Margaret Higgins
Jurisdiction
Scotland
Judgment Date
30 June 1900
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal refused; defender assoilzied (absolved) from conclusions of the petition
Legal Topics
Donatio Mortis Causa, Gifts, Bank Accounts, Proof of Intention, Delivery
Succession Law Property Law Donatio Mortis Causa Gifts Bank Accounts Proof of Intention Delivery

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Parties

Mary Higgins or Taggart

Pursuer

John Cochrane, executor-dative of Margaret Higgins

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the addition of the pursuer's name to the bank pass-book constituted a valid donatio mortis causa of the funds to her.
  2. 2 Whether sufficient intention (animus donandi) and delivery were established to effect a mortis causa gift.

Ratio Decidendi

The pursuer failed to establish that the deceased had the requisite animus donandi or unequivocal intention to make a present gift of the funds mortis causa. The evidence was conflicting, and the entry of the pursuer's name in the bank book was insufficient without clear supporting evidence of donative intent.

Court Disposition

appeal refused; defender assoilzied (absolved) from conclusions of the petition

Orders

  • The appeal is refused.
  • The defender is assoilzied from the conclusions of the petition.