Greenidge v Bank of Nova Scotia et Al

• Jurisdiction: Barbados
• Judge: Williams, J.
• Judgment Date: 08 June 1984
• Neutral Citation: BB 1984 HC 31
• Docket Number: Civil Suit No. 378 of 1982
• Court: High Court (Barbados)
• Date: 08 June 1984

High Court

Williams, J.

Civil Suit No. 378 of 1982

Greenidge

and

Bank of Nova Scotia et al

Mr. E.D. Mottley, Q.C. and Mr. L.K. Griffith for the plaintiff.

Mr. P.D.H. Williams of Messrs. Yearwood & Boyce for the first defendant.

Mr. E. Jackman of Messrs. Peter Evelyn & Co. for the second defendant.

Trust and trustee - Donatio mortis causa — Bank account intended to be in names of plaintiff and deceased, but correct procedure for making it a joint account not carried out — Whether handing over by pass book of deceased to plaintiff was evidence that deceased intended money on account to be gift to plaintiff — Finding by court that this did not amount to a transfer since the pass book need not be produced to withdraw money — Finding that deceased intended amount outstanding at his death to go to plaintiff but never negotiated the agreement to give effect to the intention with the bank — Plaintiff's claim that there was a valid donatio mortis causa therefore failed.

Williams, J.

1 This is an originating summons taken out by the plaintiff Ira Greenidge seeking the following relief against the Bank of Nova Scotia and Vernese Lattuce Skinner, the executrix of the estate of Cuthbert Skinner, deceased:

• “(1) That it be declared that Cuthbert Skinner, the deceased, made a valid donatio mortis causa to the plaintiff of the sum of money standing in savings account numbered 12736 at the Black Rock Branch of the Bank of Nova Scotia.

• (2) That it should be declared that the sum of approximately $21,006.29 held by the first defendant in savings account numbered 12736 at its Black Rock Branch is a joint account between the plaintiff and Cuthbert Skinner, deceased.

• (3) That the record at the said Bank of Nova Scotia be reformed and rectified to show that the plaintiff is entitled to the sum of approximately $21,006.29 held in savings account numbered 12736 at its Black Rock Branch.

• (4) That an order that the sum of approximately $21,006.29 held in saving account numbered 12736 at the Black Rock Branch of the Bank of Nova Scotia be paid to the plaintiff.

• (5) That the plaintiff is entitled to the said sum and that the said sum be paid by the first defendant to the plaintiff.

• (6) That the court make such further or other orders as may be just in the circumstances.

• (7) That provision be made for the costs of this application.”

2 On file are affidavits of the plaintiff, of Roger Charles, bank manager, and Margaret Headley, bank clerk, both employed by the first defendant, and of the second defendant. Roger Charles and Margaret Headley were cross-examined by counsel for the second defendant.

3 I find the facts to be as follows. The plaintiff knew Cuthbert Skinner from the time she was a child. He was raised by her grandmother. She called him Uncle Cuthbert and he called her his niece. Cuthbert emigrated to America about 1966 and returned to Barbados about the end of November 1979. He lived alone and the plaintiff looked after him.

4 In early 1980 he told the plaintiff that he had made his bank account at the Bank of Nova Scotia, Black Rock Branch a joint account between himself and her so that she could withdraw from the account. He also told her that if anything should happen to him, the proceeds of such account was to be hers absolutely.

5 In March 1981 Cuthbert became ill and on March 30 the plaintiff took him to Dr. Forde who ordered him to hospital next day. On March 31 the plaintiff went to Cuthbert's home to accompany him to hospital and before they left Cuthbert handed her his Bank of Nova Scotia pass book No. 12736 and stated that if anything should happen to him, whatever was on the account was to be hers absolutely. He also told her that he had arranged the account at the bank in such a way that she could withdraw money in the same way that he himself could do. She told him that she had not signed any document at the Bank and that she thought that her signature would have been necessary to enable her to withdraw money from the bank. They decided to stop at the bank on the way to the Hospital in order to confirm that the arrangements made at the bank were as Cuthbert understood them to be.

6 At the bank they spoke to Margaret Headley who, after inspecting a document, told Cuthbert that his account was a joint account with the plaintiff. Headley went on to say that this meant that the plaintiff could withdraw monies at any stage and that all the money standing to the account would be the plaintiff's should Cuthbert die.

7 As it turned out, the procedure for making the account a joint account had not been carried out and at Cuthbert's death the position with respect to the account was as stated by Roger Charles, the Bank Manager, in paragraphs 3 to 6 of his affidavit –

• “3. That Cuthbert Skinner prior to his death operated a savings account No. 12736 at the first defendant's said branch at Black Rock.

• 4. That the current balance on the account is $22,464.20.

• 5. The said account and ledger card had the address of Cuthbert Skinner C/o Ira Greenidge as we understood that Ira Greenidge was responsible for the business affairs of Mr. Skinner.”

8 A donatio mortis causa is a gift made in contemplation of the death of the donor in circumstances which show that it is to take effect only in that event and so as to be recoverable by the donor if that event does not occur.

9 In Re Beaumont [1902] 1 Ch. 889 Buckley, J. said at p. 892 –

“A donatio mortis causa is a singular form of gift. It may be said to be of an amphibious...