Donatio

Lat A gift A transfer of the title to property to oDe who receives it without paying for it Vicat. The act by which the owner of a thing voluntarily transfers the title and possession of the same from himself to another person, without any consideration. Its literal translation, "gift" bas acquired in reni law a more limited meaning, being apghed to the conveyance of estates tail. 2 Bl. 'omm. 316; Littleton, § 59; West, Symb. § 254; 4 Cruise, Dig. 51. Classification. By the civil law (adopted into the English and American law) donations are either inter vivos (between living persons) or mortis causa (in anticipation of death.) As to these forme, see infra. A donatio or gift as between living persons is calied donatio mera or pura when it is a simple gift without compulsion or consideration, that ls, resting solely on the generosity of the donor, as in the case of most charitable gifts. It is called donatio remuneratoria when given as a reward for past services, but still not under any legal compulsion, as in the case of pensions and land-grants. It is called donatio sub modo (or modalis) when given for the attninment of some special object or on condition that the donee shall do something not specially for the benefit of the donor, as in the case of the endowment of hospitals, colleges, etc., coupled with the condition that they shall be established and maintained. Mackeld. Rom. Law, § 466; Fisk v. Flores, 43 Tex. 340; Noe v. Card, 14 Cal. 576. The following terms are also used: Donatio condition-alis, a conditional gift; donatio relata, a gift made with reference to some service already done. (Fisk v. Flores, 48 Tex. 340;) donatio stricta et coarctura, a restricted gift, as an estate tail.

— Donatio inofficiosa. An inofficious (undutiful) gift; a gift of so great a part of the donor's property that the birthright portion of his heirs is diminished. Mackeld. Rom. Law, § 469.

— Donatio inter vivos. A gift between the living. The ordinary kind of gift by one person to another. 2 Kent, Comm. 438; 2 Steph. Comm. 102. A term derived -from the civil law. Inst. 2, 7, 2. A donation inter vivos (between living persons) is an act by which the donee divests himself at present and irrevocably of the thing given in favor of the donee who accepts it. Civ. Code La. art 1468.

— Donatio mortis causa. A gift made by a person in sickness, who, 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. Comm. 514. The civil law defines it to be a gift under apprehension of death; as when anything 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. Adams v. Nicholas, 1 Miles (Pat) 109-117. A gift in view of death is one which is made in contemplation, fear, or peril of death, and with intent that it shall tfke effect only in case of the death of the giver. Civ. Code Cal. § ll49. A donation mortis causa (in prospect of death) is an act to take effect when the donor shall no longer exist, by which he disposes of the whole or a part of his property, and which is irrevocable. Civ. Code La. art. 1469.

— Douatio propter nuptias. A gift on account of marriage. In Roman law, the bridegroom's gift to the bride in antipication of marriage and to secare her dos was called "donatio ante nuptias;" but by an ordinance of Justinian such gift might be made after as well as before marriage, and in that case it was calied "donatio propter nuptias." Mackeld. Rom. Law, § 572.

Lat.

In old English law. A gift of either lands or chattels. Donatio absoluta et larga: an absolute and unlimited gift, as to a man and his heirs generally. Donatio causa mortis: a gift by reason of death; a gift of personal property made by a person about to die, and valid only in case there is a manual or symbolical delivery, and death of the donor. Donatio conditionalis: a conditional gift, a gift under a condition or qualification. Donatio inter vivos: a gift between the living. Donatio libera et pura: a free and pure gift. Donatio non praesumitur: a gift is not presumed. Donatio perficitur possessione accipientis: a gift is perfected [made complete] by the possession of the receiver. Donatio simplex et pura: a simple and pure gift. Donatio stricta et coarctata: a gift restrained and narrowed, that is, to some particular heirs exclusive of others. Donatio velata: a veiled gift; a gift which pretends to be something else.

In the civil law. Gift or donation; one of the modes of acquiring property. It is of two kinds, — causa mortis, and inter vivos. See supra. Donatio propter nuptias: a gift on account of marriage; a gift by husband to wife by way of security for her marriage portion.

Lat. A gift. A transfer of the title to property to one who receives it without paying for it. Vicat. The act by which the owner of a thing voluntarily transfers the title and possession of the same from himself to another person, without any consideration. Its literal translation, "gift," has acquired in real law a more limited meaning, being applied to the conveyance of estates tail. 2 Bl. Comm. 316; Littleton, § 59; West, Symb. § 254; 4 Cruise, Dig. 51. There are several kinds of donation, as: Donatio simplex et pura, (simple and pure gift without compulsion or consideration;) donatio absoluta et larga, (an absolute gift;) donatio conditionalis, (a conditional gift;) donatio stricta et coarctata, (a restricted gift, as an estate tail.)

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.

I. A gift, grant, donation. (a gift by reason of death): a gift of a person about to die, and which is valid death, coupled with manual or symbo Ucal or some person for him. Donatio tween living people. Donatio propter consideration of marriage. Donatio is not presumed [it is not presumed Donatio perfioitur possessione fected by the possession of the person lata: a veiled gift, a gift which pretends

Lat. [from donum, a gift, or donare, to give.] In the civil law. Gift, or donation: one of the modes of acquiring property. Inst. 2. 7. pr. 1, 2. This is of two kinds; catisa mortis, and inter vivos. Id. Und, Bract, fol. 11. See infra.