Donum

A gift. See Daeb; Donatio.

De donis

Respecting gifts — estates-tail. The first chapter of the statute of Westminster 3 (13 Edw. I, 1385) is called the Statute de donis or de donis eonditionalibns. It took from donees the power of alienating their estates-tail, thus introducing perpetuities. At common law an estate-tail was known as a con- <iitional fee — limited to particular heirs; the condition being that if the donee died, without leaving an heir, the estate reverted. Upon the birth of issue the estate became absolute for three purposes: the donee could alien it, and thus bar his issue and the reversioner; he could forfeit it by an act of treason; he could encumber it. As soon as issue was bom the donee aliened and immediately repurchased, thereby obtaining a fee-simple absolute for all purposes. To keep estates in the hands of the great families, the statute de donis was passed. It directed that the will of the donor should be observed, and forbade alienation. It abolished the conditional fee and made the estate descend per formam doni, or passed in reversion. The statute continued in force two centuries. In the reign of Edw. IV, it was held * that the entail might be destroyed by a common recovery, and the issue, the donee, and the donee's expectant, be barred, on the death of the tenant in tail "without issue." Fines and special laws subsequently effected the same end.^ See fm-ther Fee, 1.

Dona alandestina sunt semper suspiciosa

Secret gifts are always viewed with suspicion: secret transfers of property are 1 Goodhue v. City of Beloit, 21 Wis. *642 (1867). ' Indiana North & South E. Co. v. City of Attica, 56 Irid. 486, 476 (1877); Wilkinson v. City of Peru, 61 id.

9 (1878). s Georgia Penitentiary Co. i/. Nelms, 65 Ga. 503-5 (1880). * Taltarum's Case, Year Book, 12 Edw. IV (1473), c.

19. regarded with distrust.! See Conveyance, Fraudulent.