SEVENTEENTH CONCEPT: WILL SUBSTITUTES

Question 1

Define a Gifts causa mortis

Answer 1

a gift made in contemplation of imminent death.

Question 2

What is the property that can be the subject of a gift causa mortis?

Answer 2

personal property only; no gifts of real property.

Question 3

In a gift causa mortis Donor must make a _______ of the property to donee.

Answer 3

delivery

Question 4

What are the 3 forms of delivery?

Answer 4

Actual, symbolic, or constructive delivery.

Question 5

What is actual delivery?

Answer 5

Actually physically giving them the property

Question 6

What is symbolic delivery?

Answer 6

Something representative of the corpus is given to the donee

Question 7

What is constructive delivery? Common law and modern view

Answer 7

Common law, what is given to the donee is a key, that unlocks a box or room, in which is located the corpus, which is too big or bulky for a manual delivery. The key can be literal, or figurative, such as a treasure map that would lead one to the buried treasure
Modern view: A constructive delivery will be found whenever the donor has done everything possible to effectuate a delivery, and there is no issue of fraud and mistake.