Gift
A New Law Dictionary and Glossary · Alexander M. Burrill · 1850
A New Law Dictionary and Glossary
[L. Lat. donatio; L. Fr. dan, done.] A voluntary and gratuitous conveyance, or transfer of lands or goods from one to another, not founded on the consideration of money or blood.* 2 BL Com. 440.
2 Steph. Com. 102. 2 Kenfs Com. 437.
In English law
A conveyance of lands in tail; a conveyance of an estate tail m which the operative words are ** I give," {do,) or "I have given," (dedi.) 2 BL Com. 316.
1 Steph, Com. 473.
SeeX>onatio, Done, In a general sense, a gift is the most comprehensive kind of transfer in law. The ancient conveyances of land in England were nearly all gifts. Bracton calls donatio, (gift) the most important and distinguished, as well as the most ordinary method by which property could be acquired. Inter alias causas acquisitionis magna, Celebris etfamosa est causa donationis, <fec. Quia per eam magis acquiritur et sapius quam per aliam, <&c. Bract, fol.
11.
J give, (do,) is the term constantly employed by the same writer in his examples of the most free, large, and absolute kind of conveyance. Id. fol.
17.
Gifts indeed at this time expressly included conveyances in fee simple, as well as fee tail. Donationum, qucedam absoluia et larga, et qucedam stricta et coarctata, sicut certis hceredibus. Id. fol..IL b. Afterwards, the term gift came to acquire the peculiar and technical meaning now appropriated to it in the English law of real estate, being restricted in its application to estates tail; the distinction being made between a gift in tail and a feoffment in fee. The latter conveyance however continued to be called a gift {donatio feudi,) and its aptest word was do, (I give,) or dedi, (I have given.) 2 BL Com. 316, 310.
See Oraiuitmu.