Strong v Bird

Facts

A stepson borrowed money from his stepmother, who lived with him and paid him for her board. She allowed deductions to repay the loan, then stopped them and paid in full until she died. He became her executor.

Issue

Was the debt released?

Held

Yes. Her continuing intention to forgive the debt, and his appointment as executor, perfected the release.

Principle

An imperfect gift is perfected when the donee becomes executor, if the donor's intention continued until death.

Why it matters

It gives its name to the rule.

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