A Treatise On the Law of Pennsylvania Relating to the Estates of Decedents the
A Treatise On the Law of Pennsylvania Relating to the Estates of Decedents the
Thomas Francis Gordon
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Moore 2 16. 2 Atk. 104. 150 OF DON ATJO CAUSA MORTIS. [BOOK in. If the husband bequeath to the widow her jewels for life, and then over, and she make no election to have them as her paraphernalia her executor shall have no title to demand them, (a) If a woman by marriage articles agree to claim such part only of the effects of the husband, as he shall give her by his will, she is excluded from her para- phernalia. (6) But her necessary apparel shall in all cases be protected, as decency and hum...anity re- quire, even against the claims of creditors, (c) / SECTION VI. Of donatio causa mortis. There is a species of interest in the personal pro- perty of a decedent, arising from a gift on the approach of death, called donatio causa mortis. It has place, where one in his last illness, apprehen- sive of the approach of death, delivers, or causes to be delivered to, or for, a party the possession of any of his personal effects, to keep in the event of his de- cease; and it is accompanied with the implied trust, that if the donor live, the property shall revert to him; since it is given only in contemplation of death, (d) To substantiate the gift, there must be an actual tradition or delivery of the thing.
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