Gift

Gift (donum, donatio) is the transferring of the property in anything by one person to another voluntarily and without any consideration. The giver is called the donor, and he to whom the gift is made the donee. By the common law an estate might pass as a, gift by livery of seisin without deed, but by the Statute of Frauds, 29 Charles II. c. 3, a deed or note in writing is rendered necessary to the transfer of real estate. To complete a gift of goods and chattels delivery of them is necessary, for until then the transaction is not properly a gift but a contract, and the English law will not compel a man to perform his contract unless it is founded upon what is called a good and valuable consideration. Gifts are sometimes declared void as against creditors and purchasers for a valuable consideration. There are some few cases where, in respect of the nature of the interest itself, its transfer is absolutely prohibited - e.g. the pay of a military or naval officer, or the salary attached to any public office of trust, is, on a principle of public policy, not assignable. Again, the dealing with a public appointment is contrary to the policy of the law, and is prohibited in most cases by express enactment of the Legislature, and for a like reason the assignment of alimony is illegal. [Consideration, Bankruptcy.]