case miller v miller et all see Waller v Hodge swan sir Joseph Jekyll master  of the roll Eq can ab pl pl one have by his will give his wife pound in money  on his deathbed order his servant to deliver to his wife then present two bank  note Payable to bearer amount to pound say he have not do enough for his wife  this gift be additional and shall not be construe a payment of the former  legacy in the testator lifetime one have a wife and a son that be his only  child two day before his death make his will give thereby to his wife pound  per annum in long exchequer annuity during her widowhood after which the same  day he make a codicil by which he give to his say wife a further exchequer  annuity and pound in money to be pay her immediate after his death subsequent  to this and about a hour before his death the testator have call to his  servant to reach he his pocketbook take thereout two bank note for pound each  another note for pound be a cash note or Payable to bearer all which note he  order his servant to deli to his wife then present add that he have not do  enough for her but the wife for some time decline take these have as she say  enough already and for that it will injure their son who peer William be the  residuary legatee in the will nevertheless at length she be prevail on by her  husband to accept of the two bank note and also the other note after which the  testator by word of mouth give her his coach and a pair of his coachhorse bid  three witness then present take notice of it and that he be in his sense who  accord make a memorandum thereof in write on a bill bring in the name of the  infant son by his prochein any against the widow and the executor for a  account of the testator personal estate it be insist on behalf of the  plaintiff that since by the codicil a legacy of pound be give to the wife  Payable immediate after the testator death the delivery of these two bank note  amount to just the sum of pound be a payment of such legacy in the testator  lifetime a that with regard to the other note for pound which be not Payable  to bearer that be mere a choose en action and consequent can not pass by a  delivery thereof also as to the coach and horse these be not deliver in the  testator lifetime for which reason the widow can have no claim to they master  of the roll the gift of the pound contain in the bank note be a donation  causan death see Shamley v Harvey Eden which operate as such though make to a  wife for it be in nature of a legacy but need not be prove in the spiritual  court as part of the testator will see vol Lawson v Lawson neither be gift of  this kind good unless make by the party in his last sickness say vide Bracton  lib c Jones v Selby pre Charles ware v turner ves S c dick Blount v burrow bro  c c S c Ves Jun Walter v Hodge swan and though in the principal case the sum  be the same with the pound money legacy give by the codicil yet the manner of  give these note together with the expression peer William then make he have  not sufficient provide for his wife design as additional on the other hand the  wife by decline at first to accept of then appear to have be no crave woman  but then as to the note for pound which be mere a choose en action and must  still be sue in the name of the executor that can take effect as a donation  causan death in as much as no property therein can pass by the delivery much  less can the widow be entitle to the coach and horse of which there be no  delivery in the testator lifetime Reg lib b fol in Lawson v Lawson ante vol it  be determine that a bill draw by the testator upon his banker in favour of his  wife and deliver by the testator upon his deathbed to the wife operate as a  appointment of so much money to the wife take effect after the husband death  but the court in that case rely upon so many peer William er p particular  circumstance that it do not seem to have afford any general principle and  accord in Tate v Hilbert Ves Jun bro c c Lord Loughborough though he approve  the judgement in Lawson v Lawson upon the circumstance hold general that a  promissory note make by the testator or a cheque draw by he on his banker can  not be the subject of a donation death causan vide ves in snelgrave v Bailey  atk Lord Hardwicke hold that the delivery of a bind amount to a gift causan  death of the debt gardener v Parker mad which case be afterward consider by  his lordship in ware v turner ves and distinguish from the case of a note Qure  whether the delivery of a mortgage will amount to a gift of the money security  vide Richard v S v S cite ves hassel v tynte Amb it be now decide that  delivery of a mortgage deed will not take effect as a donation death causan  even though the mortgage be accompany by a bind Duffield v Elwes S S but in  burst v beach mad where the delivery of the mortgage and bind be to the  obligor and mortgagor himself the court direct a issue to try whether they be  deliver for the purpose of release h e debt if the mortgagee die of her then  illness in ware v turner ub sup Lord Hardwicke after a full consideration of  the nature of these gift and the delivery requisite to give they effect  determine that the delivery of receipt for S S annuity do not amount to a gift  of the annuity themselves admit the coach and horse not to pass to the widow  by way of donation causan death why can she not be entitle to they as by a  nuncupative will