Donatio causa mortis

Lat. A gift in apprehension, expectation, contemplation or prospect of death.* A conditional gift, dependent on the contingency of expected death. Gibson, C. J. 2 Wharton's B, 17, 22. Blackstone has defined it to be '*a death bed disposition of property, where a person in his last sickness, apprehending his dissolution near, delivers, or causes to be delivered to another the possession of any personal goods to keep in case of his decease." 2 m. Com, 514. And this definition is essentially adopted by Tilghman, C. J. in Wells v. Tucker, 3 Binney's E. 366, 870. It is however too narrow in so far as it confines this species of gift to cases of last illness, it being sufficient if the apprehension of death arise from other causes, as from infirmity, old age, or any external and anticipated danger. Dig. 39. 6. 3. 3 Kent's Com. 444. This is clearly shown by Gibson, 0. J., from Justinian's Institutes, and appears also from the Digests, which are followed by Bracton. 2 Wharton's R, 17, 22. Inst. 2. 7. 1. Dig. 39. 5 <k 6. BracU fol. 60. Calv, Lex, Jurid. WhiU's Lead, Eq. Cases, 614, (Am. ed.) A donatio causa mortis is sometimes considered as a species of legacy, and it is always accompanied with Sie implied trust or condition that if the donor lives, the property shall revert to himself, being given only in contemplation of death. 2 Bl, Cam. 514. 2 Steph. Com. 103, note {p) and cases cited ibid. Ward on Legacies, 66, ch. i. sect. iv. Inst. 2. 1.1. Whitens Equity Cases, 602, 603. Id. 616, (Am. ed. note, where the American cases are given.) It is indispensable to its validity that it be accompanied and perfected by a present delivery of the subject of the gift, according to the manner in which it is capable of being delivered. Id. 604 — 607. /rf. 616— 619, (Am.ed.) 2 Kent's Com. 446 — 448, and notes. See 1 Story's Eq. Jur. §§ 606—607 d.. Donations or gifts of this kind are derived entirely from the civil law, and were introduced into England as early as the time of Bracton, who closely follows the language of the Digests. Bract, fol. 60. The first reported case on the subject of these gifts is said to be that of Jones v. Shelby, in 1710. Free, in Ch. 300.