T h e .g i f t , b y
a fa th e r to h is
in fa n t fo n , o f
a n y th in g
e ith e r a c tu a
l l y o r v i r t
u a l l y i i i h is
p o lfe f fio n , is
v a l id in v i r tu
e o f his
[ th e fa th e r ’ s]
fe iz in .;
an d fo a lfo , a
g i f t to an in fa
n t b y a
Granger,
-depofit to his truftee, for in this cafe the original feizin does not fuf-
fice, becaufe feizin in virtue of purchafe is a feizin inducing refponfi-
bility, and therefore cannot be fubftituted by a feizin in virtue of a
iru jt; but feizin in virtue of g ift, on the contrary, as not beino- a
feizin inducing refponlibility, may be fubftituted by a feizin in virtue
of a trull.
I f a father make a gift of fomething to his infant fon, the infant
in virtue o f the gift, becomes proprietor of the fame, provided the
thing given be, at the time, in the polfeffion either of the father or of
his truftee; becaufe the pofleffion of the father is capable of becomino-
polfeffion in virtue of gift, and the pofleffion of the truftee is equivalent
to that of the father, (it were otherwife if the thing given have
been pawned of afurped by another, or fold by an invalid fale ; becaufe
a pawn and an ufurpation are in the pofleffion of another, and the
fubjedt -of an invalid fale is the property of another.)— T h e fame rule
holds when a mother gives fomething to her infant fon whom lhe
maintains, and of whom the father is dead, and no guardian provided
: and lb alfc, wkh refpedt to the gift of any other perfon maintaining
a child under thefe ci-rcumftances.— It is to be obferved that
the law with refpedt to feizin in cafes of alms-gift is limilar to that in
gifts.— Thus if a perfon Ihould bellow in alms, upon a pauper, any
thing of which the pauper has pofleffion at the time, he [the pauper]
in that cafe becomes proprietor of the fame, without the neceffity of
a new feizin; and fo alfo, if a father Ihould bellow in alms, upon his
infant fon, fomething of which he himfelf or his truftee has the pof-
feffion, the infant hecomes proprietor thereof:— contrary to where the
thing fo bellowed has been pawned, loft by ufurpation, or fold by an
invalid fale.
I f a ft ranger make a gift of a thing to an infant, the gift is rendered
complete by the feizin of the father of the infant; for as he is mailer
of deeds with refpeft to the child liable to both good and evil, (fuch as
ftleU
fale,) he is confequently, in a fuperior degree, mailer of gift, which
is purely advantageous.
If a perfon make a gift o f a thing to an orphan, and it be feized
in his behalf by his gUardiaii,— being either the executor appointed'
by his father, — or his grandfather, or the- executor appointed-
by his grandfather, it- is valid; becaufe all thefe relatives have
an authority over the orphan, as th ey Hand in the place o f his
father.
I f ,a fatherlefs child be under charge of his mother, and lhe take'
poffeffton of a gift made to him, it is valid; becaufe fhe has an
authority for the prefervation of him and his property; and the feizin
of a gift made to him is in the nature of a prefervation of himfelf, linee
a child could not be fubfifted without property.— The fame rule alfo
holds with refpedt to a Jlranger who has the charge of an orphan ;_
becaufe as his feizin is of legal force, (whence it is that another
ftranger has’not a right to take the orphan from him,) he is confequently
competent to all fuch things as are purely for the advantage
of the orphan.
If an infant Ihould himlelf take pofleffion o f a thing given to him
it is valid, provided he be endowed with reafon; becaufe fuch an a d is
for his advantage; and he has a capability o f "performing it, as capability
depends oil reafon and underftanding, which he poflefles.
I t is lawful for a hufband to take pofleffion of any thing o-Iven to
his wife, being an. infant, provided fhe have been fent from her father's
houfe to his; and this although the father be prefent; becaufe
he is held, by implication, to have refigned the management of her
concerns to the hufband. It is otherwife where fhe has not been fent
from her -father’s houfe, becaufe then the, father is not held to have
refigned the management of her concerns. It is alio otherwife with
VoL- IIL Q j l refpedl
G i f t to an orp
h a n is r e n d
e r e d v a lid
b y .th e fe iz in
o f h is g u a r d
ia n j
a n d , to . a f a -
therlefs\nxant,
b y th e f e iz in
o f h is mother.
G i f t to a ra tio
n a l in fa n t
is r en d e r ed
v a l id b y th e
f e iz in o f th«
in fa n t h im -
f e l f .