imperfect gift การใช้

• If the donor appoints the intended donee as executor of his / her will, and the donor subsequently dies, equity will perfect the imperfect gift.
• If the donor has not done so, the gift is incomplete since the donee has no equity to perfect an imperfect gift, for which there is a long line of authority.
• The leading Privy Council decision on " imperfect gifts " in " T Choithram International SA v Pagarani " [ 2001 ] 2 All ER 492 was an appeal from the British Virgin Islands courts.
• The cases of " Warriner v Rogers " ( 1873 ) LR 16 Eq 340 and " Richards v Delbridge " ( 1874 ) LR 18 Eq 11 were also cases of imperfect gifts of real or personal property.
• Unlike the original myth, it is Tithonus who asks for immortality, and it is Aurora, not Zeus, who grants this imperfect gift . As narrator, Tithonus laments his unnatural longevity, which separates him from the mortal world as well as from the immortal but beautiful Aurora.
• In " Dillwyn v Llewelyn " ( 1862 ) 4 De G F & J 517, 522 Lord Westbury expressed the point in terms which anticipated Lord Selborne : " The equity of the donee and the estate to be claimed by virtue of it depend on the transaction, that is, on the acts done, and not on the language of the memorandum [ which amounted to an imperfect gift ] ."