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whereby the Donatrix giues - tous et chacuns les Biens, Meubles et Effets Mobiliers droitz et Actions qu'Elle a et aura au jour de sa mort, Et tous immeubles qu'Elle pourra acquerir And also the Civil Lawyers, Especially the French, being much divided upon this point, Vi Whether Bona futura as well as præsentia can bee disposed of by a donation inter vivos; It must follow that whatever aquisitions reall or personall the Donatrix shall happen to make between time of passing this Donation & time of her death, will be contested and disputed to Donatary, unlesse it be prevented by her Will. Besides if Monsr. Talon, Advocat Generall, in a playdoye of his in 1673., hath these Words - " - Demissions factes par les Parens "en faveur des Enfans, quoyqu Conceües "entre-vifs, sont revocables selon "notre Usage - And so goes on to give seuerall Instances, of /the
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the Coutumes of particular Places whereby such Revocations have been obtained.
6, In the forementioned Clause, which disposeth of her Meubles, it could be no prejudice to haue these words added - wheresoever the Donatrix shall happen to be Domiciliated at the time of her Death -
Since in france it is a received Rule, Que les meubles suivent la personne; That the Successor into possession of Personnall Estates must be regulated according to the Law and Custome of the place, where a Party dying hath his last Domicile; And in case the Donatrix should marry in france and then Live & dye within the Provosté of Paris & haue all her personall Estate with her in house at the time of her death, The husband would possesse himselfe of the same to the prejudice of the Donatary.
/7.ly
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7.ly The Letters of Creation granted in France to the Donatrix, and of Naturalization granted to the Donatary may be inspected, least there should be any Clauses therein or conditions therein that may prove prejudiciall and derogatory to the present Donation
Which is with all Obedience submitted to your Lordships great Wisdome.
