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 ii
... bodies politic holding the land ; and not at all the purpose for which it was held , whether charitable or not ; whereas the modern law points peculiarly to the purpose , applying only to · land alienated for charitable purposes ...
... bodies politic holding the land ; and not at all the purpose for which it was held , whether charitable or not ; whereas the modern law points peculiarly to the purpose , applying only to · land alienated for charitable purposes ...
Page vii
... bodies having perpetual succession ; and the consequence is , the vir- tual confiscation of any bequests to them as such bodies . * * See case of Carberry v . Cox , Appendix . On the other hand , the law of George II PREFACE . vii THE ...
... bodies having perpetual succession ; and the consequence is , the vir- tual confiscation of any bequests to them as such bodies . * * See case of Carberry v . Cox , Appendix . On the other hand , the law of George II PREFACE . vii THE ...
Page 10
... bodies , were formally abrogated by Constantine , and important privileges were con- ferred upon them by Charlemagne . * And , as the pagans had spent their surplus wealth in erecting baths , colosseums , pyra- mids , and arches ...
... bodies , were formally abrogated by Constantine , and important privileges were con- ferred upon them by Charlemagne . * And , as the pagans had spent their surplus wealth in erecting baths , colosseums , pyra- mids , and arches ...
Page 24
... bodies ; since they alone held in mortmain . The statute , by way of remedy , provides , " That if any person do presume by craft or artifice to offend against this statute , it shall be lawful for the lord of the fee to enter into the ...
... bodies ; since they alone held in mortmain . The statute , by way of remedy , provides , " That if any person do presume by craft or artifice to offend against this statute , it shall be lawful for the lord of the fee to enter into the ...
Page 27
... bodies , which religious houses were . And so far from the laws of mortmain being aimed at reli- gious houses , as such , that on the contrary , in this very reign , only a few years afterwards , parliament provided a process by which ...
... bodies , which religious houses were . And so far from the laws of mortmain being aimed at reli- gious houses , as such , that on the contrary , in this very reign , only a few years afterwards , parliament provided a process by which ...
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...