A Gift may be either by Deed, in Word, or in Law; in the latter, as when a Man is married to a Woman, or more properly a Woman married to a Man, by the Marriage, the Law gives all the Goods of the Wife to the Hufband, but then he is li-ble to the Payment of her Debts: It is the fame of an Executor, the taking of the Executorship gives a Man a Title to the Teftator's Goods; but in this Cafe the Executors are fubject alfo to Payment of the Teftators Debts.

If a Perfon give a Horfe to another by word of Mouth, being prefent, and fay unto him, Take this Horfe, it will be a good Gift, tho he is called by a wrong Name; but it would be otherwife if the Horfe was delivered for the Ufe of A. B. where A. C. was meant by the Giver. Bac. Mac. 87.

Where a Man makes a Suit of Cloaths for another, and puts it upon him to use and wear, this will be a Gift, or Grant, in Law, of the Apparel Co. Lit. 351.

Gifts and Grants are faid to be both alike in Nature and Power.

A Deed of Grant is a Conveyance, or Gift, by Writing, of fuch an incorporeal Thing as lieth in Grant, and not in Livery, and cannot be given or granted by Word only without Deed.

An Office, or any Goods or Chattels perfonal, it is faid, may be granted by Word without Deed.

A Perfon attainted of High Treason, or Felony, may make a Deed of Gift, or Grant, and be good against all Perfons, except the King, and the Lord of whom the Lands are held, and againft them too, to relieve himself in Pri

fon.

fon. A Perfon outlaw'd in a perfonal Action, may Give, or Grant, his Goods or Chattels, and the Gift, or Grant, will be good against all others but the King. Perk. Sect. 26. ch. 2, Numb. 6.

A Queen may make a Gift, or Grant, without the Agreement of the King, that is of fuch Goods as are her own, which no other married Woman may do, unless it be in fome fpecial Cafes. Co. Lit. 3. Perk. Sect. 8. 20. 41.

One Executor, or Admiferator, may give or fell any of the Deceafed's Goods, and will bind all the reft: But one Member of a Corporation may not give or grant the Corporation Lands, without the rest. Perk. Set. 31, 32, 33.

If an Infant grant any Thing by Fine; this must be avoided during his Minority, or it cannot be avoided at all. And all Gifts or Grants made by Deed, by thofe that are de non fane memoria, are good against themfelves; but voidable by thofe that are their Heirs, Executors, or as have their Fftates. But if it be by Fine, it is good and unavoidable. Co. 123, 124. cap. 2. Numb. 6,

An Infant may be a Grantee, for this is prefumed to be for his Advantage; and yet at his full Age he may either agree to it and perfect it, or difagree to it and avoid it, without any Caufe fhewed. Perk. Sect. 4. Co. Lit. 2.

The Grantee himself muft take by the Grant immediately, and not a Stranger, or any one in futuro. A Woman Covert inay take a Grant, and if the Hufband do not disagree to it, it is good, but if the Hufband doth difagree, it is void. Perk. Sect. 43. Co. Lit. 2.

A Grant to a Man, and his Iffue, will be good to a Baftard, reputed to be his Son: And a Baftard may give or grant Lands, as well as any other

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other Perfon, after he has a reputed Name. Perk. Sect. 26, &c.

A Reverfion may be granted as fuch, as well as a Poffeffion; but not to commence at the End of a Term, or Time incertain; for then "twould be void for Uncertainty.

A Prefentation to a Church, after the Church is become void, Trufts and Confidences, Conies, Hares, Deer, &c. are not grantable without fpecial Power to do it. Dyer, 282. Perk. Sect. 99. Plow. 379. Bro. 34.

If Land be granted to a Man, and his Heirs, without the Word Affigns, yet he may affign it as his Pleasure; for Aligns are included within the Word Heirs.

Fee Simple Land is chargeable with a Grant any Way, and a Reverfion upon an Eftate Tail is grantable; but the Tenant in Tail in Poffeffion, by Recovery, may bar him in Reverfion of any Fruit of it. Co. 6. Sir Geo. Curfon's Cafe. Co. 1.

Lands granted to two Men, and the Heirs of their Bodies, though they have feveral Inheritances after both their Deaths, yet neither of them may grant away his Eftate after his Life. Co. Lit. 182.

And if a Joint-tenant gives or grants the Whole, the Grant is only good for the Grantor's Moiety; for a Man cannot Grant what he has no Right to. Perk. Se&t. 80, &c.

No fecond Gift, or Grant, or Leafe of one Thing, or Term, is good, for the firft will take Place; but in Reverfion after the former it may be good. Perk. Sect. Dyer 35. 350. Lit. Bro. Sect. 298. Perk. Se&t. 112.

A Bailiff may not grant away his Mafter's Goods without Authority; tho' a Tavernor or

Mercer's

Mercer's Servant may, and be good. Bro. Done

56.4.

Grants ought to be of Things certain; yet if a Grant be made of a Horfe in a Stable where there are several, and no particular one is mentioned; in fuch Cafe the Grantee may chufe his Horse. Perk. Sect. 76. Bro. Grant. 77.

If I grant All my Lands in D. which I had of the Grant of J. S. this is a good Grant of all my Lands in D. whether I had them of 7. S. or of any other: But if the Words be, All my Lands which I had by the Grant of J. S. in D. then the Grant is not good to carry other Lands in D. but fuch only as I had of J. S. Mich. 2 Fac. in Brown's Cafe.

Grants may be avoided by Incertainty, Impoffibility, made againft Law, or on a wrong Title, or through a Want of Livery of Seifin, &c. or when made through a corrupt Contract.

If a Man Grant, or Devife, omnia terras & tenementa fua; by this Word Tenement, a Reverfion well paffes. 34 H. 6.

If a Man Grants totam terram, which A. B. holds in Dower, the Reverfion fhall Pafs by fuch a Form of Grant. 38 E. 3. 26.

A Man has a Manor in the County of N. and Land is holden of this faid Manor, lying in the County of S. by Grant of the Manor, cum pertinentiis, by Fine, in Comitatu N. the Services of the Land in the other County fhall pafs; and the Livery of a Manor in one County, makes the Services of the Land in the other County to pass. 21 E. 3. 18.

A Court Baron is incident to a Manor, and a Court of Pipowder to a Fair; and therefore the Lord of a Manor, or of a Fair, cannot grant over the fame Manor, or Fair, and re

ferve to himself thofe Courts, because they are Incidents infeparable. 19 H. 8. Br. Incidents 34.

If three Coparceners are feized of a Manor in Fee, where a Leet or Law-day is appendant, and they Grant to the King two Parts of the fame Manor, with the Appurtenances; yet fuch Leet, by fuch Grant is not extinct; but the Leet remains appendant to the third Part of the fame Manor. Bendloe's Rep. f. 20. Pl. 29.

A Man grants the next Prefentation, and has a Wife, and dies; the Grantee fhall have the firft Presentation, the Heir the fecond, and the Wife for Dower the third. 32 H. 8. Br. PreJentation a l'Efglife. 55. Vide 20 H. 8. 13.

If a Parfon, or Prebendary, be within the Age of 21 Years, and he grants a Leafe of his Benefice within Age, this fhall bind him, for here he is admitted by the Law of Holy Church to take a Benefice within Age; fo the Common Law of England makes him able to Leafe his Benefice within Age. Br. Age, 80.

Tenant in Tail of an Advowson, and his Son and Heir joined in a Grant of the next Avoidance. Tenant in Tail died, and it was adjudg'd, That the Grant was utterly void against the Son and Heir that joined in the Grant, becaufe he had nothing in the Advowson; neither in Poffeffion or Right, not in actual Poffeffion at the Time of the Grant. Hobart's Rep. f. 45. Sir Marmaduke Wivell's Cafe.

Tenant in Tail of a Manor, to which an Advowfon is appendant, the Church being full, grants proximam Advocationem, and then dies; by his Death this Grant is meerly void. Bulfrode, 1 Part, f. 35. Walter verfus Bould.

When