Cain v Moon
1896 · [1896] 2 QB 283
Posted By lanbuk.com
- Facts
- A daughter who was seriously ill gave her mother a deposit note, saying it was hers if she died. She recovered, and later died. The mother still held the note.
- Issue
- Was there a valid ?
- Held
- Yes. Lord Russell CJ set out the three conditions, which were met.
- Principle
- A donatio mortis causa needs contemplation of death, delivery, and a gift conditional on death.
- Why it matters
- It is the classic statement of the requirements.
Words and Latin in this note
- Donatio mortis causa
- A gift made in contemplation of death, with delivery of the property or the means of control, that takes effect only if the donor dies. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.