case Hassell against tynte in chancery July see Duffield v Elwes Bli n S  whether a mortgage can pass by parole gift whether such a gift in this case be  to be consider as donation death causan or donation inter vivos?Lib Reg a foe  bill by plaintiff inter alian to have benefit of a gift of pound mortgage make  to her by lady tynte her grandmother the case be this lady tynte be entitle to  a sum of pound secure by mortgage upon a real estate take in the name of  Francis hale and be old and afflict with a disorder of which she die about six  week afterward deliver the deed and write relate to the mortgage and estate to  the plaintiff in the presence of several witness one of which prove that she  make use of this expression at the time videlicet I deliver this as my act and  deed proof be read of declaration by lady tynte and particular one adderley  depose that subsequent to the delivery of the deed lady tynte say she hope the  plaintiff will be a good girl for that she have give her a mortgage of pound  for her own immediate use and benefit several question be make saint whether  this be a donation death causan ambler d whether it be a donation inter live d  whether it be a gift of a mortgage upon a real estate it can take effect or be  it not void by statute of fraud and perjury Lord Hardwicke chancellor the  question on statute of fraud and perjury be of great delicacy and nicety two  question saint whether on the proof it be a donation death causan or donation  inter live d whether it be a gift of a mortgage on a real estate can take  effect very slight evidence of the gift have be give by one of the witness the  other prove the word make use of at the time but it be difficult to know what  construction to put upon they whether lady tynte intend to deliver they to  plaintiff to keep for her the proof of the declaration seem to clear up her  intention Q whether it be donation death causan it look more like donation  inter live but there be such a sort of donation death causan mention in the  civil law but whether it be the one or other question if Allowable by statute  of fraud perhaps it will be more favourable to consider it as donation death  causan but it partake something of the nature of a will No case have be cite  but Richard v sims Ves cite atk Barnew which come on to be hear in chancery in  and afterward on the equity reserve in Michaelmas that case come before the  court in a very different shape from the present it be on a bill by a  administrator to have the deed and write relative to a mortgage deliver up and  to be redeem the defendant insist on a donation ambler death causan the word  use on that occasion be take this box I free forgive you the debt two issue be  direct saint whether the party give the defendant the deed d whether he  declare that he forgive the debt both the issue find in favour of the  administrator so that be but a very slight precedent what have be argue at bar  be very true that the money be the principal and the land only the security  that the money will pass by will not attest accord to the statute see Powell  on mortgage Edward Coventry Ch can and yet here be a interest in land ante and  it be a very considerable question whether it can pass by parole gift be very  unwilling to give my opinion upon it and it be not necessary at present for as  the plaintiff be residuary legatee of lady tynte at her age of twentyone or  marriage upon either of those event she will be entitle to the money at all  event therefore I shall give direction as to the other part of the cause and  reserve the consideration of this question the house of lord have in a very  recent case decide that a mortgage may be make the subject of a donation death  causan Duffield v Elwes June ambler er p the cause come on upon a appeal from  the decision of the v c sir I leech who have hold that a mortgage can not pass  as a donation death causan S S see the observation of Mr Powell in his  treatise on mortgage p Edward Coventry see in ware v turner Ves see burst v  beach mad and as to the requisite of a donation death causan general see  Swanst and note there as state in lib Reg when she deliver the deed c she  declare her intent to be to make a present of the mortgage and the money due  thereon and direct the plaintiff to deliver the deed to h adderley clerk to  the rector of the parish of n that the same may be keep by he for the  plaintiff benefit after her decease the deed have continue ever since in h  Adderleys custody decree and a question have be make whether the mortgage of  pound pass to the plaintiff by a gift insist on by the plaintiff to have be  make thereof in the lifetime of the say lady tynte and it appear that the  whole surplus of the personal estate of the say that tynte will belong to the  plaintiff in case she live to attain the age of twentyone or shall marry his  lordship do reserve the consideration whether the principal and interest of  the say mortgage pass to the plaintiff by the say gift or not till it shall be  see whether plaintiff do attain her age of twentyone or marry