Kilby v. Godwin

Citations

• 2 Del. Ch. 61

Syllabus

<p>A post nuptial agreement that the wife shall enjoy, for her sole and separate use, property to which the husband has become entitled in her right, if upon sufficient consideration and not in fraud of creditors, will be enforced in equity.</p> <p>Pending a suit in equity by the wife against her husband for enforcing' an ante nuptial contract, it was agreed by thehusband, as a compromise of the suit and in consideration of its dismissal, with the wife’s consent, that onehalf part of certain funds held by him, in her right, should be for her sole and-separate use ; and-such half part was, pursuant to the agreement, delivered to the wife’s solicitor and came to her possession and was afterward, during her last sickness, disposed of by her as a donatio causa mortis—Held, that the agreement was valid ; and that the funds delivered, in pursuance of it, became the wife’s separate property, and passed by her disposal of them as a donatio causa moHis.</p> <p>A donatio causa mortis defined. An actual delivery of the property essential ; but this may be made to a third person for the use of the donee.1</p> <p>A mother, in her last sickness, holding certain securities for her separate use, delivered the same, together with some articles of personal use, such as a watch and jewelry, to a third person, declaring them to be for the benefit of her two minor children ; and, with the securities and articles, also delivered an inventory of the same. She died in a few, days afterward—Held, a valid donatio causa mortis.</p>