Gift & Grant

A gift is perfected by the possession of the receiver.

Donatio perficitur possessione accipientis.

Source: Jenk. Cent. 109, case 9; 2 Kent, Comm. 438; Ewing v. Ewing, 2 Leigh (Va.) 337; Weisman, 48s

No gift is complete until the thing given passes into the hands of the recipient — intent alone does not transfer property.

The donor never ceases to possess until the donee begins to possess.

Nunquam donator desinit possidere, antequam donatarius incipiat possidere.

Source: Bract. fol. 41b; Dyer, 281; Weisman, 48u

There is no gap in ownership — the donor holds until the moment the recipient takes, and at that instant ownership transfers.

No man can transfer to another a greater right than he himself has.

Nemo plus juris ad alienum transferre potest quam ipse haberet.

Source: Dig. 50.17.54; Broom, Max. 499n; Noy, Max. 9th ed.; Weisman, 86l

This is the universal limit on all transfers — a grantor cannot convey what he does not own, whether it be property, power, or privilege.

Clandestine gifts are always suspicious.

Dona clandestina sunt semper suspiciosa.

Source: 3 Co. 81; Noy, Max. 152; Jackson, Latin for Lawyers, 1915; Weisman, 48c

Secret transfers raise the presumption of fraud — the law expects transactions in property to be open and visible.

He who gives an end gives the means to that end.

Qui dat finem, dat media ad finem.

Source: 3 Mass. 129; Weisman, 52h

A grant of a right carries with it everything necessary to exercise that right — the law will not allow a grant to be rendered futile for want of means.

A repugnant condition in a grant does not destroy the grant; the condition is rejected, and the gift stands.

Repugnans conditio in testamento non vitiatur; rejicitur autem conditio, et stat donatio.

Source: Co. Litt. 206; Broom, Max. 535

Where a condition contradicts the very nature of what is granted, the condition falls and the grant survives — the grantor cannot give and take away in the same breath.