er 1873.

See _Vierteljahrsschrift der astr. Gesellschaft_ (Leipzig), ix. 4;
_Monthly Notices Roy. Astr. Society_, xxxiv. 153; _Memorie degli
spettroscopisti italiani_, ii. 125 (G. Cacciatore); _Nature_, viii.
556; &c. (A. M. C.)

DONATIO MORTIS CAUSA (grant in case of death), in law, a gift of
personal property made in contemplation of death and intended either
expressly or impliedly to take complete effect only if the donor dies of
the illness affecting him at the time of the gift. The conception as
well as the name is borrowed from Roman law, and the definition given by
Justinian (_Inst._ ii. 7. 1) applies equally to a _donatio mortis causa_
in Roman and English law. A distinction, however, has arisen between the
English and civil codes; by English law delivery either actual or (when
from the nature of the thing actual delivery is impossible) constructive
is essential, and this delivery must pass not only the possession but
the dominion of the thing given; by the civil law, in some cases at
least, delivery of possession was not essential (see the judgment of
Lord Chancellor Hardwicke in _Ward_ v. _Turner_, 1751, 2 Ves. sen. 431,
where the whole question is exhaustively discussed). A _donatio mortis
causa_ stands halfway between a gift _inter vivos_ and a legacy, and has
some of the characteristics of each form of disposition. It resembles a
legacy in that (1) it is revocable during the donor's life, (2) it is
subject to legacy and estate duty, and (3) it is liable to satisfy debts
of the testator in default of other assets. On the other hand, it
resembles a gift _inter vivos_ in that it takes effect from delivery;
therefore the consent of the executor is not necessary. Anything may be
the subject of a _donatio mortis causa_, the absolute property in which
can be made to pass by delivery after the donor's death either in law or
equity; this will cover bankers' deposit notes, bills of exchange, and
notes and cheques of a third person, but not promissory notes and
cheques of the donor in favour of the donee, for the donor's signature
is merely an authority for his banker to pay, which is revoked by his
death.

DONATION OF CONSTANTINE (_Donatio Constantini_), the supposed grant by
the emperor Constantine, in gratitude for his conversion by Pope
Silvester, to that pope and his successors for ever, not only of
spiritual supremacy over the other great patriarchates and over all
matters of faith an