A Succinct View of the History of Mortmain and the Statutes Relative to Charitable Uses: With a Full Exposition of the Last Statute of Mortmain, 9 Geo. II. C. 36 and Its Subsequent Alterations, Comprising the Law as it Now Stands Relative to Devises, Bequests, Visitation, Leases, Taxes, and Other Incidents to the Establishment of Public Charities
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43 Eliz act of parliament advowsons afterwards alienation alms-houses annuities applied appointed Attorney Attorney-general Atty Atty.-gen benefit bequeathed bequest bill bishop bounty building chancellor chapel charged charitable purposes charity charter Christ's hospital church clause codicil copyhold corporation court court of Chancery court of equity crown Cy Pres death debts declared decree deed devise directed dispose disposition Duke of Cornwall effect Eliz equity erect escheat established execution executors favour founder funds gift give given governors granted ground heir-at-law heirs held hospital incorporated institutions intention interest king laid lands lease legacy legatee legislature Lord Lord-chancellor master ment mortgage object paid parish parliament parties payment personal estate poor principle purchase question real estate relief rents residue revenues statute of frauds statute of mortmain surrender testator's testatrix thereof tion trust vested visitatorial visitor void whole words yearly
Page 401 - That we may the better apprehend the nature of a visitor, we are to consider that there are in law two sorts of corporations aggregate; such as are for public government, and such as are for private charity. Those that are for the public government of a town, city, mystery, or the like, being for public advantage, are to be governed according to the laws of the land.
Page 403 - A hospital is for those that are poor, and mean, and low, and sickly; a college is for another sort of indigent persons; but it hath another intent, to study in and breed up persons in the world that have no otherwise to live; but still it is as much within the reasons as hospitals.
Page 87 - Lord one thousand seven hundred and thirty-six, no manors, lands, tenements, rents, advowsons, or other hereditaments, corporeal or incorporeal whatsoever, nor any sum or sums of money goods, chattels, stocks in the public funds, securities for money, or any other personal estate whatsoever, to be laid out or disposed of in the purchase of any lands, tenements, or hereditaments...
Page 509 - The discretion of a judge is the law of tyrants. It is always unknown. It is different in different men. It is casual, and depends upon constitution, temper, passion. In the best, it is oftentimes caprice; in the worst, it is every vice, folly, and passion to which human nature is liable" —is not the modern view, if applied to judicial discretion in supervising verdicts.
Page 55 - ... money, nevertheless have not been employed according to the charitable intent of the givers and founders thereof, by reason of frauds, breaches of trust, and negligence in those that should pay, deliver and employ the same...
Page 279 - Those purposes are considered charitable which the statute enumerates, or which by analogies are deemed within its spirit and intendment, and to some such purpose every bequest to charity generally shall be applied. But, it is clear, liberality and benevolence can find numberless objects not included in that statute in the largest construction of it. The use of the word " charitable" seems to have been purposely avoided in this will, in order to leave the bishop the most unrestrained discretion.
Page 268 - I have consulted; but the general principle thought most reconcilable to the cases is, that where there is a general indefinite purpose, not fixing itself upon any object, as this in a degree does, the disposition is in the king by sign-manual; but where the execution is to be by a trustee, with general or some objects pointed out, there the court will take the administration of the trust.
Page 402 - ... there is no visitor, because the interest of the revenue is not vested in the poor that have the benefit of the charity, but they are subject to the orders and directions of the trustees. But where they who are to enjoy the benefit of the charity are incorporated, there to prevent all perverting of the charity, or to compose differences that may happen among them, there is by law a visitatorial power...
Page 86 - ... and unless the same be made to take effect in possession, for the charitable use intended, immediately from the making thereof, and be without any power of revocation, reservation, trust, condition, limitation, clause, or agreement whatsoever, for the benefit of the donor or grantor, or of any person or persons claiming under him.
Page 482 - ... shall be charged with and pay his share towards the public taxes or levies of the said town or parish, then he shall be adjudged and deemed to have a legal settlement in the same, though no such notice in writing be delivered and published, as is hereby before required.