Thomas' Adm'r v. Lewis

Citations

• 89 Va. 1
• 18 L.R.A. 170
• 15 S.E. 389
• 1892 Va. LEXIS 73

Syllabus

<p>1. Gifts Causa Mortis—Case at bar.—Where a gift of personal property was made under apprehension of death as imminent, and possession was delivered, either manually or constructively, at the time of the gift, and remained with the donee until the donor’s death, and the donor died of the same illness a few hours after making the gift, though the gift was of the donor’s entire personalty, and the factum of the gift-was proved by only ene competent, credible witness, and the donor and the donee resided together at the time of the gift, and the possession was at their residence—</p> <p>Held :</p> <p>The gift was valid as a donatio causa mortis.</p> <p>2. Idem—Construction of statutes.—The words “ no gift ” in Code 1887, § 2414, refer not to, and the section does not embrace, gifts causa mortis.—Lagy, J., dissenting.</p> <p>8. Idem—National bank deposits.—Where such a gift included a national bank pass-book, displaying the balance to donor’s credit—</p> <p>Held :</p> <p>Insufficient to pass title to the deposit.—IPauntleroy, J .¡dissenting.</p> <p>4. Idem—Duplicate keys.-—The fact that a donor, having duplicate keys to his depository of valuables, placed one set with a friend as a precaution, will not invalidate a gift causa mortis made by delivery of the other set.</p> <p>5. Idem—Testamentary acts.—The fact that a donor, in making a gift causa mortis, uses the words “to be yours in case of my death”—</p> <p>Held :</p> <p>Not to make the gift testamentary.</p> <p>•6. Idem—Evidence—Self-servient declarations.—Declarations of donee and her companion as to the circumstances of the gift made the night before—•</p> <p>Held :</p> <p>Admissible in donee’s behalf as parts of res gestee and in rebuttal.</p>