153
to gifts inter vivos which are made in consideration of marriage, or which are proved to the satisfaction of the Com- missioner to have been part of the normal expenditure of the deceased, and to have been reasonable having regard to the amount of his income or to the circumstances, or which in the case of any donee do not exceed in the aggregate one thousand dollars in value or amount; Provided also that where property taken under a disposition purporting to act as an immediate gift inter vivos is deemed to be property passing on the death of the deceased by reason only that the property was not, as from the date of the disposition, retained to the entire exclusion of the deceased or a person who had an estate or interest limited to cease on the death of the deceased, and of any benefit to him by contract or otherwise, the property shall not be deemed to pass on the death of the deceased if subsequently, by means of the surrender of the benefit reserved or otherwise, it is enjoyed to the entire exclusion of the deceased or such other person as aforesaid, and of any benefit to him by contract or otherwise, for a period of three years immediately preceding the death of the deceased;
(d) property to which the deceased has been absolutely entitled, and which he has caused to be transferred to or vested in himself
44 & 45 Vict. c. 12, s. 38 (2) :
c. 7, s. 11;
and any other person jointly, whether by 52 & 53 Vict. disposition or otherwise (including also any 57 & 58 Vict. purchase or investiment effected by the e. 30. decensed either by himself alone, or in s. 2 (1). concert, or by arrangement with any other person), so that the beneficial interest there- in or in some part thereof passes or accrues
by survivorship on his death to such other
person;
(c) property passing under any past or future 44 & 45 Viet.
settlement made by the deceased by deed c. 12,
11
or any other instrument not taking effect s. 38 (2); as a will, whereby an interest in such 52 & 53 Vict.
pro- perty or the proceeds of sale thereof, for 7 life or any other period determinable by
57 & 58 Vict. reference to death is reserved, either ex- s. 2 (1).
c. 30. pressly or by implication, to the settlor, or whereby the settlor may have reserved to himself the right by the exercise of any power to restore to himself, or to reclaim the absolute interest in such property or the proceeds of sale thereof;
arrange- s. 2 (1).
() any annuity or other interest purchased or 57 & 58 Vict,
provided by the deceased either by him- c. 30, self alone or in concert or by ment with any other person, to the extent of the beneficial interest accruing or arising by survivorship or otherwise on the death of the deceased; and
(g) debts and sums of money due and owing 25 & 26 Vict, from persons in the Colony to any deceased c. 22, s. 39. person at the time of his death on obligation
or other specialty, to the same extent as if they were owing to the deceased upon simple contract, without regard to the place where the obligation or specialty shall be at the time of the death of the deceased.
(2) Property passing on the death of the deceased Trust pro- shall not be deemed to include property held by the perty. deceased as trustee for another person, under a dis- 57 & 58 Vict. position not made by the deceased or under disposition made by the deceased more than three 10 Edw. 7,
c. 30, 4 s. 2 (3); years before his death where possession and enjoy- c. 8. 5. 59. ment of the property was bona fide assumed by the