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Jones V Selby, (1710) Prec. Chanc. 300

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Philip Govina
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97 views2 pages

Jones V Selby, (1710) Prec. Chanc. 300

Uploaded by

Philip Govina
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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9/22/24, 8:23 PM Case App | Home

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Jones v Selby, (1710) Prec. Chanc. 300

Course

Law of Equity and Trust

Topic

Tag

Donatio Mortis Causa,

Principles

Ther is a need for strict proof in Donatio cases. Donatios … ought to be


fully proved in all their circumstances

Case Summary

D told R that he was giving her his trunk and handed over the key. He
subsequently made a will which included a legacy of £1000 to R but
made no mention of the trunk. After D's death the trunk was opened
and found to contain items of value.
Held:
The Master of the Rolls allowed R's claim based on DMC. The Lord
Chancellor reversed that decision, holding that by making a will with a
legacy to R, D had "satisfied" his gift. The Lord Chancellor stressed the
need for strict proof in DMC cases. He said that "these sorts of
Donatios … ought to be fully proved in all their circumstances". 
Otherwise, the regime would be open to abuse.
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