The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-02-14
DIGEST OF HAWAIIAN LAWS,
BY NJ. Thompson of the Honolulu
Bar.
DENATIo MoRT1s cAUsA.

Donatio morris causa is a gift in prospect
of death. When person, in his last sick
ness, apprehending his dissolution near. de-
livers, or causes to be delivered to another
the possession Of any personal goods, to
keep in case of his decease. Bl. Com, 514.
1t may be of any amount of property. "a
Vt, SCI. With respect to the nature of a
dondtio morris cauSa. this kind of am
phibious gift SO far resembles a legacy that
it is ambulatory and incomplete during the
donors life; it is therefore revocable by him;
Taunt., 231; 8 Binn., 366; and subject to
| his debts upon a deficiency of assets. P. W.,
405. But in the following particulars it diff
fers from legacy: 1t does not fall within
an administratiO ton, nor require any act in
the executors to constitute title in the
| donee. Rop. Leg, &c. The following cir
| Gums stances are required to constitute a
| good donatio morris causa:
First: That the thing given be personal
property; Binn., $40; a bond; Madd. R.,
1874; Bro, C. c., 612; check offered for
| payment during the life of the owner will
be so considered; 2 Will. on Ex., 449, to $50.
Second: That the gift be made by the
| donor in peril of death, or during his last
| illness, and to take effect only in case the
giver die; 5 Binn. Burns Eco. law, 10.
Third: That there be actual delivery of
the subject to- and for the donee, in cases
where such delivery can be made 8 Yes.
Jr., 100; Tatnt. ga.
1t is an unsettled question whether such
kind of gift appearing in writing, without
| delivery of the subject, can be supported
Yes, Jr., 12O. By the Roman Civil Law,
gift morris causa might be made in writ
| ing. BAG. Alb. Legacies, A. Vim. Alb. Exrs.,
| z. 4 i; Swinb., pit. l, Sec. z. A check not pre-
sented during the life of the donor, and
| which had not passed into the hands of
! bona .tide holder, is revoked by the death of
the donor. L. R., Ed, 1884, 81 Am, SGT.
| check to the drawers wife on which he
had written that it was to enable her to buy
| mourning, etc., was held, under peculiar
circumstances, a valid dOndtio morris causd.
1P. W., AL. a note not negotiable. or if
| negotiable, not endorsed, but delivered,
passes by such donation. IS Gray, 418. In
England, bills delivered on a death bed, but
without consideration, are valid donations.
81 Beav., 3O3, 300. The delivery of a bank
deposit book passes the money i'll bank. So
Me-, 1854 124 Mass. 472 Am. R., 80. a
promissory note of the sick man made in his
last illness is not valid donation. B and
c., sol IA Pick, 2O4 Barb, CHI. 76; IL
Md, 424. A gift by soldier about to join
the army has been held valid donation.
AZ Ills, 80; 81 Ind, 647; Cold, 2sS. 1t
is only good when made in relation to the
death of the person by illness affecting him
at the time. Yes, Jr., 121. But if it
appear that the donation was made when
the donor was Ill, and only few days OF
weeks before his death, it will be pre-
sumed that it was made in the last
illness and in contemplation of death. /
Will Elk. S45; Story, 755; 81 Ne. 422. But
when a gift was made in contemplate Of
death, but the donor so far recovered as to
be able to attend to his business, and then
died of the same disease, held not a good do
,atio; II Me. 28T. That the donor lived
fourteen days; 2 Wharf. II; three days, {
Binn; six hours, % Penn. So; after making
the gift does not invaldate it. There seems
to be no rule limiting the time within
which the gift must be made before death
49 n. Y. II. The delivery of the subject to
or for the donor, must be as complete as thu
nature of the property will admit of; Sc Me
324; ia Mass. 80. In this last case taking
the key of a trunk, putting goods into
trunk and returning the key to its place a
the request of the owner, who expressed
desire in his last illness to make the trunl
and its contents a donatio morris cauSa
; was held not to be a sufficient delivery.
ITO be contjnued.)