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

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Palgbave. — The term mortmain, in the way in which it is used in common discourse and generally employed, is inaccurate.
Mortmain, in a legal sense, means, simply the acquisition of real pro- perty by corporate bodies having perpetual succession ; but, in com- mon language, it is applied to the restrictions imposed by the 9th George II, which prevent the giving of landed property (in a testa- mentary way) to charitable purposes. Sir W. Grant, in a case arising upon the 9th George II {Attorney-
...General v. Stuart, 2 Merivale, 261), says, " I conceive the object of the statute of mortmain is wholly poli- tical." It is not mortmain: it is a statute for preventing the alien- ation of land (in a testamentary way) to charitable uses ; preventing, of course, real property being so given, not only to corporate bodies but to persons unincorporate, in trust, for charities. The old law of mortmain applied only to corporations. The modern law has no pecu- liar reference to corporations having perpetual succession.

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