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TMI Blog1921 (3) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... that subsequent consideration had induced him to think that this assumption was wrong. Rather than have the rights of the parties determined according to any other principles than those of law, I assented to having the matter re-opened in argument before me. Now I am quite clear on the fasts of this case that the gift, which the deceased intended of these shares, was intended by him to take effect by way of transfer, and that he did not intend a trust. If, upon the evidence, I thought that it was open to the widow to say that on this question her opportunity for adducing evidence had not been in the circumstances complete, I should not disturb my previous intention, and I should give judgment in her favour. I am, however, satisfied, that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Moore v. North Western Bank (1891) Ch.599 : 60 L. J. Ch. 627 : 64 L. T. 238 : 36 W. R. 93, Ireland v. Hart (6)(1902) 2 Ch. 522 : 71 L. J. Ch. 276 : 86 L. T. 385 : 50 W. K. 315 : 9 Man 209 : 18 T. L. R. 253. 2. In these circumstances, I must, in this case, apply the principle that there is no equity to perfect an imperfect gift, and hat the gift, having been intended to' take effect by waj of transfer, the Court will not hold the intended transfer to operate as a declaration of trust. The evidence with regard to the disposition of the dividend does not alter this position and is no stronger than it was in the case of Milory v. Lord (1) Two cases, Merbai v. Ferozbai 5 B 268 :3 Ind. Dec, (n. s ) 178, Bhaskar Purshotan v. Sarawitibai 17 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve told him three years before his death, is worth anything at all. The statement that a dead man three year ago had said this or said that, is almost inevitable fn such a case I am not in the least prepared to rely upon evidence of Amarendra when he makes a statement of that sort, particularly as it not corroborated by the evidence of any her brother. whom it is to be presumed some knowledge of the father's intention would be communicated. As regards the statement that the transfer deed through not as filled up in the body of it not was taken it Akhoy some time in August, shortly before his death, to the Stock Exchange to have the shares sold by means of one Protab Chunder Roy, that is borne out by the evidence of this broker and I do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as years ago in the condition as regards the body of it, that it is now in, is the broker Dunanjoy Mullick, He is corroborated by the evidence of Amarendra in this respect, as it would appear from Amarendra's evidence, that Muliick's signature was on that document in August 1918. Now, it is quite true that Dunanjoy Mullick is a relation of this lady, but he is a share, broker and he is just the sort of person who might reasonably be called in for the purpose of assisting Akhoy Kumar Dutt to execute the transfer deed. There is no improbability, and merely by reason of the relationship there is all the more probability that he would be called in for that purpose. Now the position is this. The transfer deed has on it the date 29th Nove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estate. In these circumstances, although the date 28th November 1916 is in type and not in manuscript, I am satisfied, reading the circumstances together with the Will, that it was executed as on the date which it purports to bear. 8. It being, therefore, established that the testator was minded ii to give these shares to his wife and thought that he had effectively done so, it remains to consider the point which Mr. H. D. Bose very properly pressed. People often are minded, to make gifts and yet do not complete the gift. That is quite true, but I am satisfied not only that the transfer deed was signed and witnessed, but that it was given effect to by parting with it to the wife with the attention that from that time she was to be the ow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the shares put in the lady's name during her husband's lifetime. As regards the receipt of dividends, the lady says that her husband had, of course, to collect the dividends. Sometimes he made them over to her and sometimes it seems that he spent them, I do not know, whether on household expenses or upon his own; but the mere fact that he paid the dividends, as such, on any occasion to his wife, is corroboration of the gift, and there is no doubt, having regard to the relationship of the parties, that if he did not pay the dividends over as received to his wife he did so by her implied consent or at any rate as between her and him, upon the footing that it was with her permission. I think, under the circumstances, that the evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X
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