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DONATIO MORTIS CAUSA (grant in case o...

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Originally appearing in Volume V08, Page 408 of the 1911 Encyclopedia Britannica.
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DONATIO MORTIS CAUSA (See also:

grant in See also:case of See also:death)  , in See also:law, a See also:gift of See also:personal See also:property made in contemplation of See also:death and intended either expressly or impliedly to take See also:complete effect only if the donor See also:dies of the illness affecting him at the See also:time of the gift . The conception as well as the name is borrowed from See also:Roman law, and the See also:definition given by Justinian (Inst. ii . 7 . 1) applies equally to a donatio mortis causa in Roman and See also:English law . A distinction, however, has arisen between the English and See also:civil codes; by English law delivery either actual or (when from the nature of the thing actual delivery is impossible) constructive is essential, and this delivery must pass not only the See also:possession but the dominion of the thing given; by the civil law, in some cases at least, delivery of possession was not essential (see the See also:judgment of See also:Lord See also:Chancellor See also:Hardwicke in See also:Ward v . See also:Turner, 1751, 2 Ves. sen . 431, where the whole question is exhaustively discussed) . A donatio mortis causa stands halfway between a gift inter vivos and a See also:legacy, and has some of the characteristics of each See also:form of disposition . It resembles a legacy in that (1) it is revocable during the donor's See also:life, (2) it is subject to legacy and See also:estate See also:duty, and (3) it is liable to satisfy debts of the testator in See also:default of other See also:assets . On the other See also:hand, it resembles a gift inter vivos in that it takes effect from delivery; therefore the consent of the executor is not necessary . Anything may be the subject of a donatio mortis causa, the See also:absolute property in which can be made to pass by delivery after the donor's death either in law or See also:equity; this will See also:cover bankers' See also:deposit notes, bills of See also:exchange, and notes and cheques of a third See also:person, but not promissory notes and cheques of the donor in favour of the donee, for the donor's See also:signature is merely an authority for his banker to pay, which is revoked by his death .

End of Article: DONATIO MORTIS CAUSA (grant in case of death)
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