DAUGHTER'S CLAIM

Rotorua Morning Post, Volume 2, Issue 332, 20 September 1932, Page 7

DAUGHTER'S CLAIM

friendly litigation VALIDITY OF DECEASED FATHER'S GIFT QUESTIONED. JUDGMENT FOR CLAIMANT. Wellington, Wednesday. Proceedings were taken in the Supreme Court to-day before Mr. Justice Ostler for the purpose of substantiating if possible, the validity of a gift made to Mrs. Florenee Ethel Grove, daughter of the late Francis George King, of Wellington, during her father's lifetime. The gift comprised two deposits in the Wellington Trust Loan and Investment Co., Ltd., and the sum involved in- the action was £698, together with interest. Mrs. Grove is a trustee of her late father's will, the other trustees "being Wilfred Erne Leicester, solicitor, of Wellington, and Ernest John Robert Cumming, formerly Commissioner Of Taxes. Mrs. Grove claimed that her father made^ her the gift of the two deposits in October, 1926. The two other trustees, in a statement of defence, said that with the exception of what had been statcd to them by Mrs. Grove (the truth of which statements they did not consider as trustees for all the beneficiaries they should either accept or rejeet). They had no knowledge of the plaintiff 's assertion regarding- the gift, and therefore dehied it. History of the Case. Counsel for Mrs. Grove said that the action was of a purely friendly nature. As Mrs. Grove was one of 1 the trustees in her father's estate all parties thought it desirable to take the opinion of the Court on the validity of the gift, so as to save any possible question being raised subsequently. Mr. King died on 4th March of this year in the Lewisham Hospital after a long and painful illness. He left a will and codicil, neither of which made references to the two deposits. Counsel said that upon the facts he ventured to suggest the Court would be satisfied that there Was no question that the late Mr. King, at any rate intended to make the gift of the moneys to his daughter*. The only question could be whether Mr. King, as a layman had observed sufficient of the f ormalities of the law to perfect the gift. It appeared that the claim could better be substantiated as a donatio mortis causa (a gift in expectation of death). • "They Are Yours, Girl." The history of the action dated back to 1926, when the testator's wife died, leaving a will, which owing to certain of the dispositions made in it, upset him. The evidence for the plaintiff was that Mr. King thereupon decided upon producing a state of equality as between his two daughters, Mrs, Grove's sister having been left money in her ipother's will and Mrs. Grove receiving nothing. From that time onwards Mrs. Grove was given the custody of the two deposit receipts, though in 1930, when she went for a trip to Australia, and in 1931, when she left for England, she handed the papers back to her father. Mr. King also had the papers from time to time to draw interest on the deposits if he thought fit. When Mrs. Grove returned to the Dominion from England in December, 1931, her father was lying ill in hospital, and she was told he was a dying man. His mental faculties, however, seemed unimpaired. Mr. King discussed his business affairs with his daughter, telling her that during her absence from the Dominion he had handed over the control of his business affairs to Mr. Cumming. He said, however, that he had not handed to Mr. Cumming or mentioned to Mr. Cumming anything about the deposit slips. At her father's request, the evidence was that Mrs. Grove obtained the papers and took them to the hospital. Mr. King put the papers in his daughter's hand and said: "Now they are yours, ' girl; they are for you. I have only left you a small portion of money in my affairs, but I think that everything is fair now in my affairs." Counsel for Mrs. Grove contended that the evidence clearly showed that the deceased intended that his daughter should have the benefit of the gift, and it would be a very great hardship if she failed to retain it. There was no rule of law that a donatio mortis ' causa must be corroborated by independent evidence. The Court could act and frequently had acted solely on the evidence of the donee, although the Court would look with penetrat- | ing eyes at the evidence of one claiming the benefit of a donatio mortis causa; but if with those penetrating eyes the Court found no reason to disregard or disbelieve the evidence of the claimant, there was no need for corroboration. In this action, however, there was some corroboration. Judgment for Daughter. Counsel for the defendant said that the two other trustees did not seek to throw any doubt for one moment on the veracity of Mrs. Grove as a witness, but they felt, particularly in view of the fact there were five or six beneficiaries in England, and also as Mrs. Grove was a fellow-trust-ee, she should properly prove that there was a legal basis for her claim. His Honour held that a, good donatio mortis causa had been established, and that Mrs. Grove was entitled to the two deposit receipts. The plaintiff was allowed costs according to scale, witnesses' expenses, and disbursements.