Robson v. Jones

Citations

• 3 Del. Ch. 51

Syllabus

<p>M. R., the obligee in two bonds of his son I. R., made and signed on them these indorsements : — on one of them the words, “I satsy all my Frinds of this bond; it is a free gift.of Michael Robson at my decease ; ” on the other, “I satsy all my frinds of this bond; it is a free gift at my decease.” M. R. being in old age and infirm health delivered the bonds with other bonds into the possession of a daughter, but without any direction as to the disposal of them, and they so remained until after his death. Held,</p> <p>1. That this was not a gift of the bonds to I. R. inter vivos; the benefit intended being testamentary; also there not being a sufficient delivery of the bonds.</p> <p>2. That it was not a gift causa mortis; it not being made “in peril of death”; also there not being a sufficient delivery.</p> <p>It seems, upon the weight of authority to support a gift causa mortis it must be made tinder the apprehension of death as imminent,or in extremis. It is not sufficient that death be contemplated as a result of the sickness, which may probably occur at some indefinite time afterwards.</p> <p>The delivery necessary to support a gift causa mortis must be an actual, unequivocal and complete tradition of the thing given or of that which carries the control of it, divesting the donor of all future control of it — .such a delivery as would make the transaction a gift inter vivos, if that were in contemplation of the donor.</p> <p>3. That the transaction was not an equitable release, the benefit intended for I. R. being testamentary ; also he being a volunteer.</p> <p>A Court of Equity will not aid the defective execution of a will.</p> <p>A Court of Equity will enforce a defective assignment or release only in favor of one who has paid a valuable consideration. A meritorious consideration is not sufficient.</p> <p>Distinction between a defective voluntary assignment or release, such as a • Court of Equity will not enforce, and some act or declaration of the donor c