surrendering control over the property; if the intention is to make a testamentary disposition effective only after death, the gift is invalid unless made by will.
2. causa mortis-
gift made in contemplation of the donor’s imminent death. Must have a witness.
i. intent to make the gift
ii. delivery of the thing given
of or relating to a person who has died without a valid will.
4. life estate-
an estate held only for the duration of the specified person’s life. Can’t sale the property. Can transfer, lease, assign during lifetime. When they die rights over the property end & reverts back too family.
future interest arising in a third person – that is, someone other than the creator of the estate or the creator’s heirs – who is intended to take after the natural termination of the proceeding estate.
the requirement of delivery is that control of the subject matter of the gift must pass from the donor to the donee.
an act that amounts to a transfer of the title by operation of law when actual transfer is impractical or impossible . An act of handing over a key or an object that will open up access to the subject matter of the gift even though the box may be miles away.
handing over something that represents the property given, that renders access to it possible or that provides evidence of the purchaser’s title to it.
7. Traditional rule
that the donor of the engagement ring cannot recover the ring if the donor is at fault.
A. Up from Feudalism-
English developed one of two great legal systems of the western world.
a right term or mode of holding lands or tenements in subordination to a superior. King | Tenant in Chief |
Mesne lord |
Tenant in demesne
a. Domesday Book-
recorded the holder of each tract of land in England and the services by which the land was held.
the tenant in chief granting a parcel of his land to a subtenant in exchange for the service of one or more knights or for some other service necessary to support the loan lord
- to transfer or convey to another
2. Feudal Tenures and Services
a. Free Tenures-
military security, economic support, and support of the church. Free tenures held by free men who were vassals but not peasants; they were men of power.
(1) Military Tenures-
men who fight
- Knight service - required to provide a specified number of men to fight for the king for 40 days each year. The king was always at war.
- Grand sergeanty - services might include carrying the royal banner or safeguarding the royal treasury
(2) Economic Tenure-men who work
- to provide subsistence maintenance for the overlords
- any kind of service could be reserved (i.e. money rent)
(3) Religious Tenures-
men who pray (a.k.a frankalmoign)
- service from the ecclesiates, which might be night service or scoage or singing mass
peasants who worked the manorial lands were called villains