Donatio

A giving; a gift. See Dare; Gift.

Donatio inter vivos

A gift between living persons: when the maker of a gift is not apprehending death. See further GIFT. Donatio mortis causa, or causa mortis. A gift in view of death; a death-bed disposition of personalty. A donation causa mortis takes place when a person in his last sickness, apprehending dissolution near, delivers or causes to be de- Uvered to another the possession of any personal goods to keep in case of his decease. Such a gift is to revert to the donor, if he su Evives, and is not valid as against creditors.' 1 Coles V. Perry. 7 Tex. 136 (1851), ai Ue. There must have been a transfer of property in expectation of death from an existing illness.' A gift of personal property, by a party who is in peril of death, upon condition that it shall presently belong to the donee, in ease the donor shall die, but not otherwise. There must be a delivery by the donor. The gift will be defeated by revocation, or by recovery or escape from the impending peril. It is in no sense a testamentary act. There may be a good donation of anything which has a physical existence and admits of corporal or symbolical delivery. Negotiable instruments, and even bonds and mortgages, may he thus transferred. 2 A donatio mortis causa must be completely executed, precisely as is required in the case o^ a gift inter vivos, subject to be devested by the happening of any of the conditions subsequent, that is, upon actual revocation by the donor, by his surviving the apprehended peril, by his outliving the donee, or by the occurrence of a deficiency of the assets necessary to pay the debts of the donor. If the gift does not talce effect as a complete transfer of possession and title, legal or equitable, during the life of the donor, it is a testamentary disposition, and good only if made and proved as a will.. The instrument transferring a chose in action must be the evidence of a subsisting obligation and be delivered to the donee, so as to vest him with an equitable title to the fund it represents, and to devest the owner of all present control over it, absolutely and irrevocably, but upon the recognized conditions subsequent. A delivery which empowers, the donee to control the timd only after the death o£ the donor, when by the instrument itself it is pi-eseutly payable, is testamentary in character, and not good as a gift. 3 Eeoent statutes malce valid a wife's death-bed donations of personalty without her husband's assent.* Donatio propter nuptias. A gift in consideration of marriage. In the civil law, the provision made by the husband as the counterpart of the dos or marriage portion brought by the wife.