Strong v Bird (1874) LR 18 Eq 315

Facts

  • The case concerned a stepmother who lent money to her stepson, Bird.
  • They agreed that the debt would be repaid through reduced rent payments.
  • After two quarters, the stepmother resumed paying full rent for four years prior to her death, leaving part of the debt unpaid.
  • Upon her death, the stepson was appointed sole executor of her will.
  • The court found that the stepmother intended to forgive the debt and this intention continued until her death.
  • The appointment of the stepson as executor meant he could not enforce the debt against himself, thereby perfecting the intended but imperfect gift.

Issues

  1. Whether an imperfect gift can be perfected if the intended donee is appointed as executor of the donor’s estate.
  2. What conditions must be satisfied for the rule in Strong v Bird to apply.
  3. Whether the continued intention of the donor to make the gift until death is necessary for the rule to operate.

Decision

  • The court held that the debt was forgiven and considered a perfected gift due to the stepson’s appointment as executor.
  • The essential elements established were the donor’s clear and continuing intention to make an immediate gift, and the vesting of property in the donee as executor upon the donor’s death.
  • Legal title vested in the donee in their capacity as executor, eliminating any obligation to hold the property on trust for other beneficiaries.
  • The rule in Strong v Bird operates only when all identified conditions are satisfied.

Legal Principles

  • An imperfect gift is generally not perfected in equity, as stated in Milroy v Lord (1862) 4 De GF & J 264.
  • Exceptionally, the rule in Strong v Bird applies if:
    • The donor has a clear, immediate intention to make a gift.
    • This intention persists until death.
    • The intended donee becomes executor (or administrator) of the donor’s estate.
    • The property is existing and capable of legal transfer.
  • The rule does not apply if the donee is merely a beneficiary, not the executor.
  • The rule operates to perfect intended gifts posthumously, circumventing the failure to complete the legal transfer during the donor’s lifetime.
  • The principle has been extended, for example, in Re Ralli’s Will Trusts [1964] Ch 288, to covenants concerning property and trusts, where the trustee gains title in a qualifying capacity.
  • Evidence of ongoing donor intention and the donee's status as executor are central to the rule’s operation.
  • Courts apply the rule with caution to avoid uncertainty or abuse of the donor's intentions.

Conclusion

The rule in Strong v Bird establishes a limited exception allowing imperfect gifts to be perfected upon the donee's appointment as executor and the persistence of donor intention until death. This principle facilitates the completion of certain intended gifts posthumously, provided strict requirements are met, and continues to influence equity and trust law concerning the transfer of property upon death.

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