Contemplation

The act of the mind in considering with attention. Continued attention of the mind to a particular subject. Consideration of an act or series of acts with the intention of doing or adopting them. The consideration of an event or state of facts with the expectation that it will transpire.

— Contemplation of bankruptcy. Contemplation of the breaking up of one's business or an inability to continue it; knowledge of, and action with reference to, a condition of bankruptcy or ascertained insolvency, coupled with an intention to commit what the law declares to be an "act of bankruptcy," or to make provision against the consequences of insolvency, or to defeat the general distribution of assets which would take place under a proceeding in bankruptcy. Jones v. Howland, 8 Mete. (Mass.) 384, 41 Am. Dec. 525; Paulding v. Steel Co., 94 N. Y. 339; In re Duff (D. C.) 4 Fed. 519; Morgan v. Brundrett, 5 Bam. & Aid. 289; Win-sor v. Kendall, 30 Fed. Cas. 322; Buckingham v. McLean, 13 How. 107, 14 L. Ed. 90; In re Carmichael (D. C.) 96 Fed. 594.

— Contemplation of death. The apprehension or expectation of approaching dissolution ; not that general expectation which every mortal entertains, but the apprehension which arises from some presently existing sickness or physical condition or from some impending danger. As applied to transfers of property, the phrase "in contemplation of death" is practically equivalent to "causa mortis." In re Cornell's Estate, 66 App. Div. 162, 73 N. Y. Supp. 32; In re Edgerton's Estate, 35 App. Div. 125, 54 N. Y. Supp. 700; In re Baker's Estate, 83 App. Div. 530, 82 N. Y. Supp. 390,

— Contemplation of insolvency. Knowledge of, and action with reference to, an existing or contemplated slate of insolvency, with a design to make provision against its results or to defeat the operation of the insolvency laws. Robinson v. Bank, 21 N. Y. 411; Paulding v. Steel Co., 94 N. Y. 338; Heroy v. Kerr, 21 How. Prac. 420; Anstedt v. Bentley, 61 Wis. 629, 21 N. W. 807.

A having in view; the act of looking at or towards a thing with attention; consideration of an act or course of conduct, with the intention of doing or adopting it. Contemplation of bankruptcy: contemplation of an act of bankruptcy, or of an application by the debtor to be decreed a bankrupt

The act of the d in considering with attention. Connued attention of the mind to a particular ‘subject. Consideration of an act or series of acts with the intention of doing or adopting them. Tho censideration of an event or te of facts with the expectation that it will ‘anspire. CONTEMPLATION OF BANK-

Bankrupt and insolvent laws provide that acts done " in contemplation " of bankruptcy or iiisolvency shall be void. > Coppell u Hall, 7WaU. 553 (1868), cases; The Anne, 3 Wheat. 445-46 (1818); 1 Kent, 53. 3 Con-sum'-mate. »a Bl. Com. 188; 17 Ct. 01. 173. « See 1 Bl. Com. 435. » London, &c. Fire Ins. Co. v. Graves, 12 Ins. Law J. 308 (1883), cases,

— Superior Ct. Ky.: 43 Am. Rep. 34; Longueville v. Western Assur. Co., 51 Iowa, 553 (1879). • Haws V. Fire Association of Philadelphia, 114 Pa. 434 (1886). ' Lyons v. Providence Washington Fire Ins. Co., 14 E. 1. 109 (1883), reversmg Same v. Same, 13 id. 347. The bankrupt act of 1841, by the phrase " contemplation of bankruptcy," did not intend contemplation solely of being a bankrupt, but contemplation of actu-, ally stopping business because of insolvency and incapacity to carry it on.i The debtor must have contemplated more than a state of insolvency,— an act of bankruptcy, or an application to be declared a bankrupt.' In the act of 1867, the phraseology is " in contemplation of insolvency or bankruptcy." This was held not to require an absolute inability to pay all debts in full on a close of business; only that the debtor could not pay his debts in the ordinary course of business.* See Bankruptcy; Insolvency.