Legal Gifts 229 



then perfect and cannot be revoked, except in 

 the case of gifts made in expectation of death, 

 as will be explained later. 



Gifts of real property are simple, and must 

 of course be by means of a deed. The rules 

 given in the article on deeds (Chapter IX) fully 

 apply in this connection, the law as to gifts 

 here given applying to personalty only. 



A gift may be made between two living per- 

 sons not upon expectation of death; or it may 

 be one made by the giver while in danger or 

 fear of death and in contemplation of the same. 



To make valid the ordinary gift, not made in 

 contemplation of death, there must be an inten- 

 tion to give, and proof of the same, and actual 

 delivery of the property over to the donee or 

 some one for him. Delivery is the chief essential, 

 and unless there is such a delivery of the prop- 

 erty that, according to its nature, it transfers 

 and gives over to the receiver full dominion and 

 control thereof, it is incomplete as a gift and 

 legally ineffective. Merely to say, for instance, 

 "I give you this horse," or, "I give a hundred 



dollars of my account with Savings 



Bank" is of no effect unless accompanied by the 

 proper delivery of the thing given over to the 

 donee; in the case of the horse, the animal 

 itself, and in the case of the money in the 

 bank, by delivery of the proper evidences or 



