References: [1949] Ch 78
Coram: Jenkins J
Ratio:The testator handed a transfer of the relevant shares to the donee, Mr Hook, together with the relevant certificates. The transfer had not been registered by the date of his death.
Held: Equity will not compel an imperfect gift to be completed. Nevertheless, the testator had done everything in his power to divest himself of the shares in question to Mr Hook. He had executed a transfer. It was not suggested that the transfer was not in accordance with the company’s regulations. He had handed that transfer together with the certificates to Mr Hook. There was nothing else the testator could do. Mr Hook’s legal title would not be perfected until the directors passed the transfer for registration, but that was not an act which the testator had to do, it was an act which depended on the discretion of the directors. The gift was effective
This case is cited by:
- Cited – Pennington and Another -v- Waine, Crampton and others CA (Bailii, Times 01-Apr-02, Gazette 11-Apr-02, [2002] EWCA Civ 227, [2002] 1 WLR 2075, [2002] 2 BCLC 448, [2002] 4 All ER 215)
The deceased had made a gift of shares. She had executed a transfer, and acting upon the promise, the donee had agreed to become a director which he could only do if he also became a shareholder. The transfer was delivered to the deceased’s agent, . . - Approved – In re Rose, Rose -v- Inland Revenue Commissioners CA ([1952] 1 Ch 499, Bailii, [1952] EWCA Civ 4, [1952] 1 All ER 1217, [1952] 1 TLR 1577, (1952) 31 ATC 138, [1952] TR 175)
The deceased had executed instruments of transfer and delivered them with the relevant certificates to the transferees.
Held: The transfers were transferred the whole of the deceased’s title both legal and equitable in the shares and all . . - Cited – Mascall -v- Mascall CA ([1984] 50 P & CR 119, Bailii, [1984] EWCA Civ 10)
The question was whether a gift of land was completely constituted by delivery of the land certificate
Held: Equity will not come to the aid of a volunteer. Therefore, if a donee needs to get an order from a court of equity in order to . . - Cited – Pennington and Another -v- Waine, Crampton and others CA (Bailii, Times 01-Apr-02, Gazette 11-Apr-02, [2002] EWCA Civ 227, [2002] 1 WLR 2075, [2002] 2 BCLC 448, [2002] 4 All ER 215)
The deceased had made a gift of shares. She had executed a transfer, and acting upon the promise, the donee had agreed to become a director which he could only do if he also became a shareholder. The transfer was delivered to the deceased’s agent, . . - Cited – Burnett’s Trustee -v- Grainger and Another HL (2004 SCLR 433, 2004 SC (HL) 19, 2004 SLT 513, 2004 GWD 9-211, House of Lords, [2004] UKHL 8, Bailii, Times 08-Mar-04, [2004] 11 EGCS 139)
A flat was sold, but before the purchasers registered the transfer, the seller was sequestrated, and his trustee registered his interest as trustee. The buyer complained that the trustee was unjustly enriched.
Held: The Act defined the estate . . - Appeal from – In re Rose, Rose -v- Inland Revenue Commissioners CA ([1952] 1 Ch 499, Bailii, [1952] EWCA Civ 4, [1952] 1 All ER 1217, [1952] 1 TLR 1577, (1952) 31 ATC 138, [1952] TR 175)
The deceased had executed instruments of transfer and delivered them with the relevant certificates to the transferees.
Held: The transfers were transferred the whole of the deceased’s title both legal and equitable in the shares and all . . - Mentioned – Zeital and Another -v- Kaye and Others CA (Bailii, [2010] EWCA Civ 159)
The deceased had held an apartment through beneficial interests in shares in a limited company. He died intestate. The parties disputed the ownership of the two shares. The company had been put into a members’ liquidation, and the company liquidator . .
(This list may be incomplete)
Last Update: 16-Jun-16
Ref: 183412