A gift "causa mortis" is a gift made in contemplation of death. The elements of a gift causa mortis are set forth on page 224 of your casebook:
1. The gift "must be made in view of the donor's impending death"
2. The "owner must die of the disorder or peril"
3. There must be delivery of the thing given
4. The donee must accept the gift.
Suppose I am seriously injured in the Law College's Bocce Ball competition and am rushed to the hospital to face life-threatening surgery. I call my son into my hospital room, hand him my Justice Scalia bobblehead, and say "Son, if I don't make it back from this surgery, I want you to have this." He says, "Wow, thanks Dad. You're a real sport."
What happens if I die on the operating table when my doc, Dr. Butcher, can't stop the bleeding?
