If a gift is made for a specific purpose which is either expressed or is secretly understood and the purpose is illegal or from some other cause fails or cannot be accomplished, the donee shall hold the object of the gift as trustee for the donor or his next of kin.
(Orig. Code 1863, § 2625; Code 1868, § 2625; Code 1873, § 2667; Code 1882, § 2667; Civil Code 1895, § 3573; Civil Code 1910, § 4153; Code 1933, § 48-108.)
RESEARCH REFERENCES
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.