Gift

See Give. The gratuitous transfer of personalty.' The trarigf er of property without consideration.* X^ The thing itself~-so transferred. An immediate, voluntary and gratuitous transfer of his personal property by one to another, the transfer being executed by delivery.5 A word of the largest signification, applied to either realty or personalty.^ As a general rule, delivery is essential.' A true and proper gift is always accompanied with delivery of possession — after which the gift is executed in the donee; and it is not in the donor's power to retract it, unless it be prejudicial to creditors, or the donor was under some legal incapacity, as, infancy, coverture, duress, or was imposed upon. H the gift does not take effect by immediate possession it is not properly a gift, but a contract.* A gift may be to a charity not in existence.

See Charity, 2.

To complete a gift of money in trust, it is not necessary that the beneficiary should be informed of the fact of the gift.* > [Baldwin v. Van Deusen, 37 N. Y. 492 (1868). « [Cox V. North Western Stage Co., 1 Idaho, 380 (1871), Whitson, J. •2B1. Com. 441. * Kehr v. Smith, 20 Wall. 34 (1873), Davis, J. See also Gray «. Barton, 65 N. T. 72 (1873); Chadsey, Administrator II. Lewis, 6 111. 155 (1844); Hynson v. Terry, 1 Ark. 87 (1833). As to the difference, in a liquor law, between " gift" and " sale," see Parkinson v. State, 14 Md. 194, 197 (1859); Ho Uey v. State, 14 Tex. Ap. 512 (1883). s [Flanders v. Blandy, 45 Ohio St. 113 (1887), cases, Dickman, J.: 26 Am. Law Beg. 587-92 (1887), cases. In general, 19 Cent. Law J. 422-26 (1884), oases. « See Allen v. White, 97 Mass. 507 (1867). Where the local law does not forbid, the United States government may take property by gift.' A naked promise to give, without some act sufdcient to pass title, is not a gift,— a locus pcenitentioe exists.' See Advancement; Donatio; Dondm; Influbnob; Onerous; Possession; Presents, 2; Service, 3, Civil Service.

Gift enterprise

In common parlance, a scheme for the division or distribution of certain articles of property,' to be determined by chance, among those who have taken shares in the scheme.^ See Game, 3.

2.

At common law, also, the creation of an estate-tail.*