Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-04-02

A will is disposal Of ones property
to take effect upon the happening OF
his death.
Gift causa Norris.
A will should be distinguished from
gift Causa Mortis. A gift Causa
Mortis applies to q gift Of personal
property only whereas will may deal
with personally and realty. A gift
Causa Mortis 10 gift Of personal
property made in expectation OF death
then imminent. 1t il essential that the
donor should fully relinquish his con-
troll over the property. that the donor
should die the death as anticipated and
that the donee should survive him. The
gift may, however, be revoked before
death. In one case the deceased be-
fore her death endorsed certain notes
I'm case of my death pay to Ella
Sprague." These notes remained In the
custody Of the deceased until her death
and altho a friend had promised to de-
liver them upon her death the court
held that this was not a gift Causa
Mortis because the deceased had not
I,arted with the custody of the goods
and death revoked the authority Of the
agent to deliver. In another case the
Gecedent in his lifetime took his SON.
in law to a bank and deposited a sum
of money, having the certificate made
payable to the SON n-law. Prior to
his death he gave his son-in law 4
written memorandum directing the
disposition of the money to certain
beneficiarics. The court held that there
was valid gift Causa Mortis because
there was delivery in trust and the
donor had parted with the possession
and control. The only way to have a
valid gift Causa Mortis is either to de-
liver the custody of the property given
to the donee or to some one else in
trust for the donee. Thus we see 60
have a valid gift Causa Mortis there
must be Cd an actual delivery OF the
personal property given CD the death
must ensue as a result Of some disease
existing or impending at the time the
gift was made altho 1t is not necessary
that there should have been an appre-
hension of immediate death 90 possess
sion must be retained by the donee or
the trustee until the death of the donor
and ca the donee must survive the
donor. The court of this state has held
that one may give away his personal
property by gift Causa Mortis tho he
intended thereby to deprive his wife OF
all interest in it and to cut off her
| dover right. The reason is that dur
| ing life the husband has absolute con-
| troll Of the personally. Therefore he
| may dispose of 1t before death SO long
as there is no fraud or duress.
Who May Make Valid Will.
The code Of this state provides, ANY
person of full age and sound mind may
dispose by will" The presumption Is
that the testator (pers on making the
| WILL if a woman testatrix) had suf-
fcient capacity to make will, but II
| this presumption is overthrown by evil
dence the party seeking to uphold the
will must Introduce evidence Of and
prove testamentary capacity by az
firmative evidence. The general test
in determining soundness of mind IL
whether the deceased possessed MIND
capable Of exercising judgment, reason
and elaboration to the exten: that he
knows the natural objects Of his
! bounty, the character and extent OF his
property and the nature OF the tesla
mentary act. Altho the testators MIND
may be clouded. has a failure OF mem
DRY, is suffering from progressive Ill
ness, or at times is not capable t