Lord Buckmaster:-

The question in this appeal relates to the ownership of 130 preferred shares and thirty-three ordinary shares of the capital stock of the Corby Distillery Company Limited, who are the second respondents. The shares are claimed by the appellant Mrs. O'Meare (hereinafter called the appellant), by virtue of a gift alleged to have been made in her favour by her mother Mrs. Mary M. Thomas, who was the rightful holder of the shares; this claim is disputed by the first respondent, Mrs. Constance Edith Bennett, who claims as a beneficiary under the will of Mrs. Thomas, the remaining respondents, the Royal Trust Company, being the executors of the Will.

The shares in question were originally held by Mrs. Thomas in her own right, and at the end of 1912 she formed the intention of disposing of them in favour of the appellant, who states - and her statement is not contradicted-that this intention was mentioned to her by her mother at an interview which took place some time before January, 1913. To use the appellant's own language, what took place was this :-

"The terms she used - as well as I can remember them - were that she had decided to give these shares to me as a gift and