DONATIO MORTIS CAUSA (See also:- GRANT (from A.-Fr. graunter, O. Fr. greanter for creanter, popular Lat. creantare, for credentare, to entrust, Lat. credere, to believe, trust)
- GRANT, ANNE (1755-1838)
- GRANT, CHARLES (1746-1823)
- GRANT, GEORGE MONRO (1835–1902)
- GRANT, JAMES (1822–1887)
- GRANT, JAMES AUGUSTUS (1827–1892)
- GRANT, ROBERT (1814-1892)
- GRANT, SIR ALEXANDER
- GRANT, SIR FRANCIS (1803-1878)
- GRANT, SIR JAMES HOPE (1808–1895)
- GRANT, SIR PATRICK (1804-1895)
- GRANT, U
- GRANT, ULYSSES SIMPSON (1822-1885)
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 (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
- TIME, MEASUREMENT OF
- TIME, STANDARD
time of the gift
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The conception as well as the name is borrowed from See also:Roman law, and the See also:definition given by Justinian (Inst. ii
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7
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1) applies equally to a donatio mortis causa in Roman and See also:English law
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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
- WARD, ADOLPHUS WILLIAM (1837- )
- WARD, ARTEMUS
- WARD, EDWARD MATTHEW (1816-1879)
- WARD, ELIZABETH STUART PHELPS (1844-1911)
- WARD, JAMES (1769--1859)
- WARD, JAMES (1843– )
- WARD, JOHN QUINCY ADAMS (1830-1910)
- WARD, LESTER FRANK (1841– )
- WARD, MARY AUGUSTA [MRS HUMPHRY WARD]
- WARD, WILLIAM (1766-1826)
- WARD, WILLIAM GEORGE (1812-1882)
Ward v
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See also:Turner, 1751, 2 Ves. sen
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431, where the whole question is exhaustively discussed)
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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
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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
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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
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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
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