GIFT, a general English term for a present or thing bestowed, i.e., an alienation of property otherwise than for a legal considera tion. Formerly in English law property in land could be conveyed by one person to another by a verbal gift of the estate accom panied by delivery of possession. The Statute of Frauds required all such conveyances to be in writing, and a later statute (8 & 9 Vict. c. 106) requires them to be by deed (q.v.).
Chattels may be effectually transferred from one person to another by a simple verbal gift accompanied by delivery. But unless the actual thing is bodily handed over to the donee, the mere verbal expression of the donor's desire or intention has no legal effect whatever. The persons are in the position of par ties to an agreement which is void as being without consideration. But a declaration of trust, while retaining possession, is good (see Williams, Personal Property). When the nature of the thing is such that it cannot be bodily handed over, it will be sufficient' to put the donee in such a position as to enable him to deal with it as the owner. For example, when goods are in a warehouse, the delivery of the key will make a verbal gift of them effectual ; but it seems that part delivery of goods which are capable of actual delivery will not validate a verbal gift of the part undelivered. The gift of such personal property as is not chattels or transfer able to bearer requires a written transfer in proper form. But see CONVEYANCE.