not because of the affection growing out of the marriage itself,16 as was touched  upon above. And if such gifts could be made because of love between husband and  wife, one of them might be destroyed by want and poverty, which cannot be  tolerated. Hence a gift between husband and wife is invalid ab initio and cannot  later become valid, unless after the death of one or the other a confirmation is  made by the heirs who can confirm such a gift. The confirmation of such heirs makes  valid a gift that was invalid earlier and cures every defect.17
Whether a felon may make a gift after the felony.
 Among other things we must consider whether he who has committed a felony  may make a gift, either18 enfeoff or demise for a term, so that the gift or demise  may be good; and whether what he has done before the felony committed, when  he had the will and power, ought to be valid and binding, whether he demised  for a term or gave in fee; and also whether anything done after the felony ought  to be valid and binding, for a time or forever. [To answer such questions] we must  see whether the gift, for a term or in fee, was made and completed when he had the  intention and capacity to make it; [if so] whatever was done is valid, the term  as well as the feoffment.19 The feoffment, of course, is clear. As to the term there  might be doubt, for it seems at first sight that land so given for a term before the  felony committed ought to be the escheat of the chief lord immediately after  condemnation, though the term has not ended, because of the absence of a warrantor,  by analogy to what is said [of wardship],20 that if [B.] has demised land to  another [C.] for a term of years and, before the term completed, he who demised  dies, leaving an heir within age, if [A.] the chief lord (assuming he has not confirmed  the demise) ejects the termor, the land will remain in his hand, with the crops and  fruits found upon it, until the full age of the heir, although the heir is bound to  warrant that term. Thus it seems evident a fortiori that in the absence of a warrantor  the termor can be ejected after [his lessor] has committed felony and been convicted.  21<Nor can the father of a felon [make a valid gift] if his eldest son has  committed felony during the life of the father, and the father, seeing that the  heritage cannot descend to his remote heirs,22 makes a gift; it will not be valid  unless permitted by the modus of the gift, as where the father was enfeoffed by  charter to him and his heirs or to whomsoever he wishes to give and assign;  if the gift is only to him and his heirs he cannot do so.>23 And the same may be  seen [in the case] of a felon's wife seeking her dower, for the exception that she has  no warrantor of her dower will bar her.24 But in the present case we must distinguish  whether the land [was given], or the tenement demised