''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 Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil law (legal system), civil (as opposed to common) law in London, namely ecclesiastical and admiralty law. Like the Inns of Court of the common lawyer ...

under civil law, 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 Mary Chadwell St Mary is an area of the unitary authority of Thurrock in Essex, England. It is one of the traditional (Church of England) parishes in Thurrock and a former civil parish. Its residential areas are on the higher ground overlooking the ...

on 26 January 1805, the day after making a will. She left her estate to her nephew, her niece, and to their mother Margaret, who was Driver's wife but had previously been married to Elizabeth's brother, William. Her will excluded her two sisters.Se
Elizabeth Manning's will
/ref> She had been advised to make a will by

Eliezer Williams Rev. Eliezer Williams (baptised 4 October 1754 – 20 January 1820) was a Welsh clergyman and genealogist, who served the Earl of Galloway as a family tutor and genealogical researcher. Life Williams was born in Pibwr-lwyd, Llangynnwr, Car ...

who was the curate of Chadwell. 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. - se
Phillimore on Google Books
/ref> 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

straitjacket A straitjacket is a garment shaped like a jacket with long sleeves that surpass the tips of the wearer's fingers. Its most typical use is restraining people who may cause harm to themselves or others. Once the wearer slides their arms into the ...

. 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 Nicholl) 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.

Notes

{{reflist 1809 in case law English case law 1809 in British law Wills and trusts in the United Kingdom