Gift
Defined in 1 dictionary — Bouvier (1839)
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
contracts, is the act by which the owner of a thing, voluntarily transfers the title and possesderation. It differs from a grant, sale, or barter in this, that in each of these cases there must be a consideration, and a gift, as the definition states, must be without consideration. The manner of making the gift may be in writing, or verbally, and, as far as personal chattels are concerned, they are equally binding. Perk. § 57; 2 Bl. Com. 441. But real estate must be transferred by deed. There must be a transfer made with an intention of passing the title and delivering the possession of the thing given, and it must be accepted by the donee. 1 Madd. Ch. R. 176, Am. ed. p. 104; sed vide 2 Barn. & Ald. 551; Noy’s Rep. 67. The.transfer must be without consideration, for if there be the least consideration, it wall change the contract into a sale or barter, 1f possession be delivered; or if not into an executory contract. 2 Bl. Com. 440. Gifts are divided into gifts tnter wvivos, and gifts causa mortis. Vide Donatio causa mortis; Gifts inter vivos; and Vin. Ab. h. t.; Com. Dig. Biens, D 2, and Grant; Bac. Ab. Grant; 14 Vin. Ab. 19; 3 M. & S. 7; 5 Taunt. 212.