Re Cole

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Re Cole ([1964] 1 Ch 175, CA) also known as ex p. Trustee v Cole is a case in English property law dealing with the transfer of gifts, especially that of chattels.

Facts The husband, bought a large home in London and furnished it. He then took his wife to see it and stated 'It's all yours'. The husband was declared bankrupt several years later and the matrimonial home was claimed by the trustee in bankruptcy.

Judgment The case establishes that a gift of chattels cannot be perfected by showing them to a donee and stating words of gift. In order to establish a gift there must be delivery of the gift.

Note the comparison with Pascoe v turner

Case Law