Deed in consideration of immoral or illegal thing constitutes contract.

- Deed executed and delivered in consideration to do an immoral or illegal thing is not a gift, but an executed contract founded upon a consideration. Watkins v. Nugen, 118 Ga. 372, 45 S.E. 262 (1903).

No failure to use for designated purpose.

- When designated gifts were to be made from the proceeds of a sale of property donated to a charitable remainder unitrust, there was no failure to use the sale proceeds for specific charities when no sale had occurred. Powell v. Emory Univ., 268 Ga. 658, 492 S.E.2d 874 (1997).

"Best interest of creditors" test under 11 U.S.C. § 1325(a)(4) was not met by the proposed plan of Chapter 13 debtors because the plan did not account for the recoverable value of the debtor's transfer of the debtor's interest in property given to the debtor by the debtor's mother. An implied trust under O.C.G.A. § 44-5-87 did not exist when the specific purpose of the mother's gift was to transfer the property to her sons outside of probate while continuing to reside in the house, and that purpose was accomplished. Meredith v. Weigl (In re Weigl), Bankr. (Bankr. S.D. Ga. Jan. 18, 2011).

Unclean hands.

- Equity will not declare an implied trust in a case of unclean hands. Morgan v. Wright, 219 Ga. 385, 133 S.E.2d 341 (1963).

Gifts made in contemplation of marriage are subject to an implied condition that the gifts are to be returned if the donee breaks the engagement, which rule applies to real estate as well as personalty; in a proper case equity will take jurisdiction to enforce a reconveyance. Guffin v. Kelly, 191 Ga. 880, 14 S.E.2d 50 (1941).

Cited in Hollomon v. Board of Educ., 168 Ga. 359, 147 S.E. 882 (1929); Morgan v. Hutcheson, 195 Ga. 123, 23 S.E.2d 406 (1942).

ALR.

- Right of parent as against creditor or lienor to make gift to minor child of latter's own services, 44 A.L.R. 876.

Validity and construction of statutes discountenancing donations, testamentary or otherwise, between persons living in concubinage or otherwise sustaining immoral relations, 62 A.L.R. 286.

Gift by husband as fraud on wife, 64 A.L.R. 466; 49 A.L.R.2d 521.