Gift in prospect
of death,
good. |
84 WILLS and TESTAMENTS.
Donatio causa mortis, or a gift in prospect
of
death: where a man in his last sickness gives to
another something to be his, in case of the
giver's death, and it is accordingly delivered to
the person to whom the gift is made, or to
another to be delivered over to him--this is
good; and in the nature of a legacy, and therefore,
it seems shall not prevail against a creditor.
Chan. prec. 269--1 P. Will, 106, 404,
441--3 P. Will. 357.
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Though I would strongly recommend to
every one, desirous of making an effectual will,
and who can afford to pay the inconsiderable
expence, to get able assistance, and not run the
hazard of leaving his family to scramble for his
estate, to be distressed by vexations and expensive
law suits, and to be inflamed with an animosity
destructive of the harmony and good
will, which family connexion ought to promote,
yet, that those, with whom the considerations
I have suggested will not have their just
weight, may have some rule for their assistance,
I have, in the appendix, inserted some precedents
for that purpose.
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I shall conclude the article of wills, with inserting
out of our acts of assembly, the paragraph
relating to the imbezling, razing, or altering |
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