Category: D

One which is in abeyance.

One which a creditor delivers to the sheriff with directions to levy only, and not to sell, until further orders, oruntil a junior execution is received.

One which has not been satisfied, nor extinguished by lapse of time, but which has remained so long unexecutedthat execution cannot now be issued upon it without first reviving the judgmentor one which has lost its lien on laud from the failure to issue execution on it or takeother steps to enforce it within the time limited by statute. 1 Black, Judgm. (2d Ed.)

A donee; one to whom something is given.

Lat. In the civil law. A gift; a free gift Calvin. Distinguished from munus. Dig. 50, 16, 194.

Lat A gift. A transfer of the title to property to ODe who receives Itwithout paying for it Vicat. The act by which the owner of a thing voluntarily transfersthe title and possession of the same from himself to another person, without any consideration.Its literal translation, “gift” has acquired in real law a more limited meaning, beingapplied to the conveyance of estates tail. 2 Bl. Comm. 310; Littleton,

An inofficious (undu- tiful) gift; a gift of so great a part of thedonor’s property that the birthright portion of his heirs is diminished. Mackeld. Rom. Law,

A gift between the living. The ordinary kind of gift byone person to another. 2 Kent, Coram. 438; 2 Steph. Coram. 102. A term derived fromthe civil law. Inst. 2, 7, 2. A donation inter vivos (between living persons) is an act bywhich the donee divests himself at present and irrevocably of the thing given in favor ofthe donee who accepts it. Civ. Code La. art. 1468.

A gift made by a person in sickness, who, apprehending his dissolution near, delivers, or causes to be delivered, to another the possession of any personal goods, to keep as his own incase of the donorÕs decease. 2 Bl. Comm. 514. The civil law defines it to be a gift under apprehension of death; as when anything is given upon condition that, if the donor dies, the donee shall possess it absolutely. or return it if the donor should survive or should repent of having made the gift, or if the donee should die before the donor.Adams v. Nicholas. 1 Miles (Pa.) 109-117. A gift in view of death is one which is made in contemplation, fear, or peril of death, and with intent that it shall take effect only in case of the death of the giver. Civ. Code Cal. $ 1149. A donation mortis causa (in prospect of death) is an act to take effect when the donor shall no longer exist, by which he disposes of the whole or a part of his property, and which is irrevocable. Civ. Code La. art. 1469.

A gift on account of marriage. In Romanlaw, the bridegroom’s gift to the bride in antipication of marriage and to secure her doswas called “donatio ante nuptias;” but by an ordinance of Justinian such gift might bemade after as well as before marriage, and in that case it was called “donatio propternuptias.” Mackeld. Rom. Law,