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
... hold land at all , a feeling arose against this species of charity , unquestionably often spurious , and the result of the reaction was the Act of George II , commonly called the modern law of mort- main , but having really no relation ...
... hold land at all , a feeling arose against this species of charity , unquestionably often spurious , and the result of the reaction was the Act of George II , commonly called the modern law of mort- main , but having really no relation ...
Page 18
... hold themselves always ready to serve in arms , whenever necessary , according to the duty they owed in respect of their several fees . The fees were granted for ever ( whence the phrase in fee ) , and the male heirs alone succeeded ...
... hold themselves always ready to serve in arms , whenever necessary , according to the duty they owed in respect of their several fees . The fees were granted for ever ( whence the phrase in fee ) , and the male heirs alone succeeded ...
Page 22
... hold of such religious house , the result of which of course was , that the tenant retained his land , while the lord lost his tenant ; and the Churches acquired not the land , but the lord- ship . Of course this was not an alienation ...
... hold of such religious house , the result of which of course was , that the tenant retained his land , while the lord lost his tenant ; and the Churches acquired not the land , but the lord- ship . Of course this was not an alienation ...
Page 24
... hold it in fee . " It is clear from this clause , that this statute only applies to land held in feudal tenure , for to such only would there be a " lord of the fee " . And it was by no means all the land in the realm which was allotted ...
... hold it in fee . " It is clear from this clause , that this statute only applies to land held in feudal tenure , for to such only would there be a " lord of the fee " . And it was by no means all the land in the realm which was allotted ...
Page 25
... hold the same of the chief lord of the fee by such services as his feoffor held them . " All legal writers consider this as designed to prevent division of the feudal services by subinfeudation , and the next clause is clearly in ...
... hold the same of the chief lord of the fee by such services as his feoffor held them . " All legal writers consider this as designed to prevent division of the feudal services by subinfeudation , and the next clause is clearly in ...
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...