White v Driver
Encyclopedia
White v Driver was a case decided in 1809 concerning a challenge to a will on the grounds of insanity. It laid down that if there was a previous history of insanity, the burden of proof lies in proving the sanity of the testator when making the will. The case was decided at Doctor's Commons under civil law
, but continues to be quoted in the UK, Australia and in the US as recently as 2010.
on 26 January 1805, the day after making a will. She left her estate to her nephew, her niece, and to their mother, who was Driver's wife and had previously been married to Manning's brother, William. Her will excluded her two sisters. She had been advised to make a will by Eliezer Williams
who was the curate of Chadwell St Mary. She had suffered from periods of insanity during the previous decade. The will was challenged by Manning's sisters on the grounds of her insanity.
The case is usually cited as White v Driver. Hannah White (formerly Manning) was the sister of Elizabeth Manning. Edward and Margaret Driver were the executor and executrix named in the will.
. There had also been complaints that her behaviour created a fire hazard for her neighbours.
The evidence for the defendants was that she had appeared lucid to a bank clerk when withdrawing money a few days before her death. There was also evidence from the curate that she appeared to be lucid when making her will. Other witnesses attested to her lucidity around the time the will was made.
) ruled that where there was a previous history of insanity, the burden of proof rested with defendants to prove that the testator was sane when making the will. In this case, the will itself was reasonable even though it excluded her sisters. There was evidence from a number of witnesses of her lucidity in the days up to her making the will. He therefore ruled that the will was valid.
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
, but continues to be quoted in the UK, Australia and in the US as recently as 2010.
Facts of the case
Elizabeth Manning died at the house of Edward Driver in Chadwell St MaryChadwell St Mary
Chadwell-St-Mary is a dispersed settlement in the unitary authority of Thurrock in Essex, England. It is one of the traditional parishes in Thurrock and former civil parish. It is a few miles east of the town of Grays and is located north of the modern town of Tilbury which was part of the parish...
on 26 January 1805, the day after making a will. She left her estate to her nephew, her niece, and to their mother, who was Driver's wife and had previously been married to Manning's brother, William. Her will excluded her two sisters. She had been advised to make a will by Eliezer Williams
Eliezer Williams
Rev. Eliezer Williams was a Welsh clergyman and genealogist, who served the Earl of Galloway as a family tutor and genealogical researcher.-Life:...
who was the curate of Chadwell St Mary. She had suffered from periods of insanity during the previous decade. The will was challenged by Manning's sisters on the grounds of her insanity.
The case is usually cited as White v Driver. Hannah White (formerly Manning) was the sister of Elizabeth Manning. Edward and Margaret Driver were the executor and executrix named in the will.
Evidence
The court heard evidence for the plaintiffs that Manning had been earlier confined to the workhouse because of her insanity and had been forced to wear a straitjacketStraitjacket
A straitjacket is a garment shaped like a jacket with overlong sleeves and is typically used to restrain a person who may otherwise cause harm to themselves or others. Once the arms are inserted into the straitjacket's sleeves, they are then crossed across the chest...
. There had also been complaints that her behaviour created a fire hazard for her neighbours.
The evidence for the defendants was that she had appeared lucid to a bank clerk when withdrawing money a few days before her death. There was also evidence from the curate that she appeared to be lucid when making her will. Other witnesses attested to her lucidity around the time the will was made.
Verdict
The judge (Sir John NichollJohn Nicholl
Sir John Nicholl was a Welsh Member of Parliament and judge. As a judge he was noted 'for inflexible impartiality and great strength and soundness of judgement'.-Early history:...
) ruled that where there was a previous history of insanity, the burden of proof rested with defendants to prove that the testator was sane when making the will. In this case, the will itself was reasonable even though it excluded her sisters. There was evidence from a number of witnesses of her lucidity in the days up to her making the will. He therefore ruled that the will was valid.