Higgs v. Willis

Hawkins, Justice.

1. “A gift in contemplation of death (donatio causa mortis) must be made by a person during his last illness or in peril of death, must be intended to be absolute only in the event of death, and must be perfected by either actual or symbolical delivery. Such a gift, so evidenced, may be made of any personal property by parol and proved by one or more witnesses.” Code, § 48-201.

No. 16757. September 14, 1949. Rehearing denied October 13, 1949.

2. “A gift causa mortis is one made during a last illness or in peril of death, and carries an immediate though revocable contingent…