Page:United States Statutes at Large Volume 47 Part 1.djvu/1187

 72d CONGRESS. SESS. II. CH. 128 . FE BRU ARY 27, 1933. SEa. 278. M EANI NG OF "HEIRS" AND 'ISSUE,'' IN CERTAIN REM AIN - ~M Wig,„ "gin DERS.-Where a future interest is limited by a grant to take effect on remainders . the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean suc- c essors, or issue living at the d eath of the perso n named as ances tor . Csoss RE sxslwcE "Heirs" and "Issue," interpretation of, see section 366. Poet, p .1174. EFFECT OF TRANSFER Effect of traasfer . SEC. 279. WHA T TIThE PASSES .-A tran sfer ves ts in th e transf eree wbat title passes . all the actual title to the thing transferred which the transferrer then has, unless a different intention is expressed or is necessarily implied. SEC . 280. INCIDENTS .-The transfer of a thing transfers also all its ~,i . incidents, unless expressly excepted ; but the transfer of an incident to a thing does not transfer the thing itself . Cs oss REFERENCE Wh at pa sses, see secti on 1728. Post, p. 1346. SEO .281. GIFTS DEFINED.-A gift is a transfer of personal property, made voluntarily, and without consideration. 1163 outs defined. CROS S RE eiia auw RE Gift as fraud on creditors, see sections 1659 et seq. Post, p. lace. Voluntary transfers, see sections 260 and 1659. Ante, p. 1161 ; poet, p. 1338. SEC. 282. GiFr, How MADE .-A verbal gift is not valid, unless the Hew made. means of obtaining possession and control of the thing are given, nor, if it is c apable of delivery, unless there is an actual or symb olical delivery of the thing to the done. SEO. 283. G IFT NOT REVOCART.F-A gift, other than a gift in view Not revocable. of death, can not be revoked by the giver. CR OSS REFERENCE Revoking gifts mortis cause, see section 286. SEC. 284. GIFT IN VIE W OF DEATH, WHA T,- A gift in view of death outcausamortis . 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. Cans Rao'Eamws Revocation, see section 286. SEC. 285 . W HEN GIFT PRESUMED TO BE IN VIEW OF DEATH :A gift t been gift presumed made during the last illness of the giver, or under circumstances which would naturally impress him with an expectation of speedy death, is presu med to be a gift in view of death. SEC. 286 . REVOCATION OF GIFT IN VIEW OF DEATH.-A gift in view Revocation. of death may be revoked by the giver at any time, and is revoked by his recovery from the illness, or esc ape from the per il, unde r the presence of which it was made, or by the occurrence of any event which would operate as a revocation of a will made at the same time, but when the gift has been delivered to the donee, the rights of a bona fide purchaser from the donee before the revocation, shall not be affected by the revocation.