donatio mortis causa

1 definition found

donatio mortis causa - Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  DONATIO MORTIS CAUSA, contracts, legacies. A gift in prospect of death. When 
  a person in sickness, apprehending his dissolution near, delivers, or 
  causes to be delivered to another, the possession of any personal goods, to 
  keep as his own, in case of the donor's decease. 2 Bl. Com. 514 see Civ. 
  Code of Lou. art. 1455. 
       2. The civil law defines it to be a gift under apprehension of death; 
  as, when any thing is given upon condition that if the donor dies, the donee 
  shall possess it absolutely, or return it if the donor should survive, or 
  should repent of having made the gift, or if the donee should die before the 
  donor. 1 Miles' Rep. 109-117. 
       3. Donations mortis causa, are now reduced, as far as possible, to the 
  similitude of legacies. Inst. t. 7, De Donationibus. See 2 Ves. jr. 119; 
  Smith v. Casen, mentioned by the reporter at the end of Drury v. Smith, 1 P. 
  Wms. 406; 2 Ves. sen. 434; 3 Binn. 866. 
       4. With respect to the nature of a donatio mortis causa, this kind of 
  gift so far resembles a legacy, that it is ambulatory and incomplete during 
  the donor's life; it is, therefore, revocable by him; 7 Taunt. 231; 3 Binn. 
  366 and subject to his debts upon a deficiency of assets. 1 P. Wms. 405. But 
  in the following particulars it differs from a legacy: it does riot fall 
  within an administration, nor require any act in the executors to perfect a 
  title in the donee. Rop. Leg. 26. 
       5. The following circumstances are required to constitute a good 
  donatio mortis causa. 1st. That the thing given be personal property; .3 
  Binn. 370 a bond; 3 Binn. 370; 3 Madd. R. 184; bank notes; 2 Bro. C. C. 612; 
  and a check offered for payment during the life of the donor, will be so 
  considered. 4 Bro. C. C. 286. 
       6.-2d. That the gift be made by the donor in peril of death, and to 
  take effect only in case the giver die. 3 Binn. 370 4 Burn's Ecc. Law, 110. 
       7.-3d. That there be an actual delivery of the subject to, or for the 
  donee, in cases where such delivery can be made. 3 Binn. 370; 2 Ves. jr. 
  120. See 9 Ves. 1 , 7 Taunt. 224. But such delivery can be made to a third 
  person for the use of the donee. 3 Binn. 370: 
       8. It is an unsettled question whether such kind of gift appearing in 
  writing, without delivery of the subject, can be supported. 2 Ves. jr. 120. 
  By the Roman and civil law, a gift mortis causa might be made in writing. 
  Dig. lib. 39, t. 6, 1. 28 2 Ves. sen. 440 1 Ves. sen. 314. 
       9. In Louisiana, no disposition mortis causa, otherwise than by last 
  will and testament, is allowed. Civ. Code, art. 1563. See, in general, 1 
  Fonb. Tr. Eq. 288, n. (p); Coop. Just. 474, 492; Civ. Code of Lo. B. 3, 2, 
  c. 1 and 6. Vin. Abr. Executors, Z 4; Bac. Abr. Legacies, A; Supp. to Ves. 
  jr. vol. 1, p. 143, 170; vol. 2, 97. 215; Rop. Leg: oh. 1; Swinb. pt. 1, s. 
  7 1 Miles, 109. &c.