DONATIO MORTIS CAUSA, contracts, legacies¹. A gift in prospect² of death. When a person in sickness, apprehend³ ing 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 donor⁴'s decease. 2 Bl. Com. 514 see Civ. Code of Lou. art. 1455.

2. The civil law defines it to be a gift under apprehension⁵ of death; as, when any thing 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 repent⁶ of having made the gift, or if the donee should die before the donor. 1 Miles' Rep. 109-117.

3. Donations mortis causa, are now reduced, as far as possible, to the similitude of legacies. Inst. t. 7, De Donationibus. See 2 Ves. jr. 119; Smith v. Casen, mentioned by the reporter at the end of Drury v. Smith, 1 P. Wms. 406; 2 Ves. sen. 434; 3 Binn. 866.

4. With respect to the nature of a donatio mortis causa, this kind of gift so far resembles a legacy⁷, that it is ambulatory and incomplete during the donor's life; it is, therefore, revocable by him; 7 Taunt⁸. 231; 3 Binn. 366 and subject to his debts upon a deficiency of assets. 1 P. Wms. 405. But in the following particulars it differs from a legacy: it does riot fall within an administration, nor require any act in the executors to perfect a title in the donee. Rop. Leg. 26.

5. The following circumstances are required to constitute a good donatio mortis causa. 1st. That the thing given be personal property; .3 Binn. 370 a bond; 3 Binn. 370; 3 Madd. R. 184; bank notes; 2 Bro. C. C. 612; and a check offered for payment during the life of the donor, will be so considered. 4 Bro. C. C. 286.

6. - 2d. That the gift be made by the donor in peril⁹ of death, and to take effect only in case the giver die. 3 Binn. 370 4 Burn's Ecc. Law, 110.

7. - 3d. That there be an actual delivery of the subject to, or for the donee, in cases where such delivery can be made. 3 Binn. 370; 2 Ves. jr. 120. See 9 Ves. 1 , 7 Taunt. 224. But such delivery can be made to a third person for the use of the donee. 3 Binn. 370:

8. It is an unsettled question whether such kind of gift appearing in writing, without delivery of the subject, can be supported. 2 Ves. jr. 120. By the Roman and civil law, a gift mortis causa might be made in writing. Dig. lib. 39, t. 6, 1. 28 2 Ves. sen. 440 1 Ves. sen. 314.

9. In Louisiana, no disposition¹⁰ mortis causa, otherwise than by last will and testament¹¹, is allowed. Civ. Code, art. 1563. See, in general, 1 Fonb. Tr. Eq. 288, n. (p); Coop. Just. 474, 492; Civ. Code of Lo. B. 3, 2, c. 1 and 6. Vin. Abr. Executors, Z 4; Bac. Abr. Legacies, A; Supp. to Ves. jr. vol. 1, p. 143, 170; vol. 2, 97. 215; Rop. Leg: oh. 1; Swinb. pt. 1, s. 7 1 Miles, 109. &c.

DONATION, contracts. 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; a gift. (q. v.)

2. A donation is never perfected until it is has been accepted, for the acceptance (q. v.) is requisite¹² to make the donation complete. Vide Assent¹³, and Ayl. Pand. tit. 9 Clef des Lois Rom. h. t.