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Rule In strong v Bird - Coggle Diagram
Rule In strong v Bird
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Strong v Bird Bird borrowed 1,100 from stepmother, living together, she previusly paid him 212 (12 per quarter), for her board - agreeent he pay repay her 100 per quarter, credit given for next 2 quarters - she expressly forgave debt and resumed paying full rent - appointed Bird as her executor and subsequently died
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Lord Jessel - debt released at common law by appoint as execution - Bird appointed executor meant legal title to debt became vested in him - trustee usually prevented from profiting from position - equitable remedies discretionary - onus on legatees to persuade him justice on their side
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extension
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Re James rule applied where donee not an executor but taken out letters of administration (controversial)
critcised in Re Gonin by Walton LJ - executor appointed by act of choice by testator -not same as administrator who is not chosen by donor
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where incomplete gift made during donor's lifetime and donor appointed donee as executor (or adminstrator for intestacy) the vesting of the property in donee in his capacity as exectutor may be completion of gift
when imperfect gift is pefeccted by donee's subsequent acquisition of the itlte of the thing intended to be given if donor's intention to give it continues