An Essay on the History and Effects of the Laws of Mortmain: And the Laws Against Testamentary Dispositions for Pious Purposes: Comprising an Account of the Debates in Parliament, and of the Inquiries of Select Committees of the House of Commons, and the Most Interesting Cases which Have Occurred in Courts of Law. With an Appendix, Containing the Reports of the Select Committees, and Digests of the Evidence, Etc., EtcC. Dolman, 1853 - 268 pages |
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Page vi
... Chancery the property was con- fiscated under the act of George II , and went to the Crown . The proceeds were spent on the Royal Pavilion at Brighton , and the poor of Wapping were deprived of the intended bounty of the testator . See ...
... Chancery the property was con- fiscated under the act of George II , and went to the Crown . The proceeds were spent on the Royal Pavilion at Brighton , and the poor of Wapping were deprived of the intended bounty of the testator . See ...
Page 27
... Chancery to enquire upon all things , and there take licence of the amortisements ( i e . for licence to mortmain ) , if the inquests do pass ( i.e. the verdict be returned ) for those who purchased them , and after that it shall be ...
... Chancery to enquire upon all things , and there take licence of the amortisements ( i e . for licence to mortmain ) , if the inquests do pass ( i.e. the verdict be returned ) for those who purchased them , and after that it shall be ...
Page 28
... Chancery , the king ought to give leave , that the petitioner may alien or give in mortmain . " Here it will be observed , it is said " the king ought ” , as if the writ were ex debito justitiæ , and in the common course of law . The ...
... Chancery , the king ought to give leave , that the petitioner may alien or give in mortmain . " Here it will be observed , it is said " the king ought ” , as if the writ were ex debito justitiæ , and in the common course of law . The ...
Page 29
... Chancery , that certain lands had been devised by a man in fee , that the devisee might pay , yearly , six marks for the support of a chaplain to celebrate ( mass ) annually , for ever , in the church of St. Leonard , Eastcheap ; and ...
... Chancery , that certain lands had been devised by a man in fee , that the devisee might pay , yearly , six marks for the support of a chaplain to celebrate ( mass ) annually , for ever , in the church of St. Leonard , Eastcheap ; and ...
Page 35
... Chancery will not allow alien- ation of land so held . But the lands granted to religious houses were not in trust ; there was no legal declaration of trust ; there was an absolute unconditional donation , and in the very de- finition ...
... Chancery will not allow alien- ation of land so held . But the lands granted to religious houses were not in trust ; there was no legal declaration of trust ; there was an absolute unconditional donation , and in the very de- finition ...
Other editions - View all
An Essay on the History and Effects of the Laws of Mortmain: And the Laws ... William Francis Finlason No preview available - 2020 |
An Essay on the History and Effects of the Laws of Mortmain: And the Laws ... William Francis Finlason No preview available - 2016 |
Common terms and phrases
act of George alienation of land applied benefit bequeathed bishop cardinal Carré Catholic Church Catholic priest Catholic religion Chancery chantries chapel charitable bequests charitable purposes Church of England clergy Committee common corporations court Court of Chancery court of equity Crown death death-bed declared deed devise dispose donor dying ecclesiastical endowments England evidence existed favour feudal George II gift give given grant Gwennap heirs held Henry VIII Holdstock hospitals intended law of mortmain leave legacies Lord Lord Chancellor monasteries monks mortmain laws Mount Melleray object opinion parliament parties passed perpetual personal estate personal property personalty perty pious purposes poor prejudice prevent principle Protestant Protestantism question real property reason Reformation reign religious houses religious purposes Reports respect restrictions Roman Catholic schools secret trusts Sherborne Sir F spiritual statutes of mortmain superstitious take effect testamentary dispositions testator tion undue influence void witnesses
Popular passages
Page 243 - That it shall be lawful for every person to devise, bequeath, or dispose of, by his will executed in manner hereinafter required, all real estate and all personal estate which he shall be entitled to, either at law or in equity, at the time of his death...
Page 246 - Be it therefore enacted, that every Jesuit, and every member of any other religious order, community, or society of the Church of Rome, bound by monastic or religious vows...
Page 233 - Charta and divers other wholesome laws as prejudicial to and against the common utility ; nevertheless this publick mischief has of late greatly increased by many large and improvident alienations or dispositions made by languishing or dying persons or by other persons to uses called charitable uses to take place after their deaths to the disherison of their lawful heirs.
Page 40 - Five hundred poor I have in yearly pay, Who twice a day their wither'd hands hold up Toward heaven, to pardon blood ; and I have built Two chantries, where the sad and solemn priests Sing still for Richard's soul.
Page 25 - The king to his Justices of the Bench greeting. Where of late it was provided that religious men should not enter into the fees of any without licence and will of the chief lord of whom such fees be holden immediately...
Page 50 - ... lest the gifts, intended to be employed upon purposes grounded upon charity, might in change of times (contrary to the minds of the givers) be confiscated into the king's treasury. For religion being variable, according to the pleasure of succeeding princes, that which at one time is held for orthodox, may at another be accounted superstitious, and then such lands are confiscated, as appears by the Statute of Chantries, 1 Edw.
Page 246 - Jesuits and members of other religious orders, communities, or societies of the Church of Rome, bound by monastic or religious vows...