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hlARlE ANhE CLAIRE S!/:?/111e3 AND HKH IlU8BAND, YAn-
QUIS OF BASSANO.
DEFXNDAKTS ;
AND

MARIE ANOEIIIQ~TE ~lt~1~1er HEII HtrSBAND, ALEXAK-
AND
DEP* hT.4URICE DELISIiE.
PL~lNTtrn.5 ;

(The Law Eeports, Appeal Cases. Vol. V p. 138)

ON APPE.4L TROY THE COURT OF QUEEN'S BENCH IN THE
PIlOVIICE OF QUEBEC, CANADA,

Cn.nadinnLaw.-I)onations.-Revocnbility of Gifts par la
surasnunee d'enfants du donateur.-Ordinance of 1751.

By a notarial deed, dated the 29th of May, 1866, the
Appellant gave an annuity to thc Respondent in trust for
her Cive daughters "poix partie de leurs frais de toilette
et autres petits besoins personnels", the capital sum being
thereby settled upoii the rlaugbters after their mother's
denth.
The gift wss made sooii sfter the Appelant cmie of age,
and aruounted to about one-hundreth part of her whole
estate; und it was to be presumed froiii t.he circurnstances
that if ahe had comtemplated having children she would
still have made it ;
Held, that under these circurnstances, by the law of
Canada,prior totheCivilCode (being that which existed in
the jurisprudence of the Parlioment of Paris before the
Odinance of 1731) the gift wnR not revocable on the
birth of children.
The Ordinanee of 1731 was uot a mere declaration of
existing law; and although it enacted that al1 gifts made