The will of the donor, manifestly expressed in his deed of gift, is to be observed.

Explanation

The donor's intent, when clearly stated in the instrument of gift, binds all parties — no court may rewrite a deed of gift against the donor's expressed will.

Where this applies

• The deed of gift clearly says the property must remain a family home but the new owner wants to sell it commercially.
• A charitable trust document says the funds must be used for education but the trustees want to use them for something else.

See also

• 5.4.7 The manner gives law to the gift.
• 10.1.1 Liberal constructions of written instruments are to be made, on account of the simplicity of the common people, so that the thing may have effect rather than perish; and words should serve the intention, not the intention the words.