Peckford Estate v. Dingle, (1971) 2 Nfld. & P.E.I.R. 61 (NFSC)

• Judge: Mifflin, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: April 23, 1971
• Jurisdiction: Newfoundland and Labrador
• Citations: (1971), 2 Nfld. & P.E.I.R. 61 (NFSC)

Peckford Estate v. Dingle (1971), 2 Nfld. & P.E.I.R. 61 (NFSC)

MLB headnote and full text

Estate of Peckford v. Dingle

Indexed As: Peckford Estate v. Dingle

Newfoundland Supreme Court

At Trial

Mifflin, J.

April 23, 1971.

Summary:

Trial court dismissed action to set aside a gift by the administrator of the estate of the deceased. Court upheld a gift of $5,728.50 to the deceased's niece three months before deceased's death when the deceased was over 90 years of age. The deceased lived with her niece for 10 years before the deceased went to board elsewhere a year before her death. The deceased remained sound in mind to the last and was independent in nature. Deceased relied on her niece for most things and regarded her as a daughter but always handled her own financial affairs. Three months before her death, deceased called her niece to her and expressed an intention to give her all her money in the bank and wrote a cheque in blank payable to the niece. The niece went to the bank and withdrew the balance.

Trial court held that, in the circumstances, the gift did not fall within the principles governing the setting aside of gifts for undue influence. Court stated that the situation was one of affection which explained the making of the gift. Court stated further that if a presumption of influence was raised, it was rebutted by evidence of the gift being spontaneous. Court held accordingly that the gift was a valid donatio mortis causa.

Gifts - Topic 1564

Donatio mortis causa - Undue influence - 92 year old woman made gift of large sum of money to niece shortly before death - Niece cared for deceased for 10 years and expressed desire that niece take her property on death - Deceased not living with niece at death - Deceased of sound mind - Newfoundland Supreme Court held no undue influence and gift valid donatio mortis causa.

Cases Noticed:

Allcard v. Skinner, 36 Ch. D. 145, appld.

Counsel:

Roland A. Brewer, for the Plaintiff;

Peter W. Strong, for the Defendant.