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A Practical Treatise of the Law of Mortmain, and Charitable Uses and Trusts (Volume 1): (English)

A Practical Treatise of the Law of Mortmain, and Charitable Uses and Trusts (Volume 1): (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1842. Excerpt: ... 138 'SECTION III. Of Devises and Bequests of Lands and Personal Estates itithin the Statute 9 Geo. 11. c. 36. 1. Of Will- executed before the act by Testntors who died after. 2. Of Words which will crcnle a Trust, p. 141. 3. Of Honorary and Secret Trust, p. 144., 4. Bequests of Leaseholds, p. 154. 5. Bequests of Money due on Mortgages, Tolls, Poor-rates, and County-rates, p. 154. 6. Money given to exonerate Lands in Mortmain, p. H1. 7. Money charged on Real Estate, p. 163. 8. Money to arise from the sale of Real Estate, p. 164. The statute having provided that all gifts to charitable uses affecting lands must be by deed, (j/) it follows, as a necessary consequence, that all devises of hinds or any interests in them to any of the purposes already enumerated in a former ohapler, (z) will be void. The statute avoids the whole devise, and not merely the illegal trust; therefore land given by will to charitable uses will descend to;he heir-at-law--the third section of the act making void nil assurances of any lands or any estate therein to or in trust for any charitable uses whatever.(a) But if part of the trust be good, it seems that it wilt support the legal estate.(//) 1. Of Wills executed before the act by testators who died after."Devises to charitable uses executed before this statute, were valid, although the testator did not die until after the act had come into r nQ 1 Peral'on-Thus where a testator in 1734, made a devise I - to charitable uses and died in 1736, a month after the new statute of mortmain come into operaiion, without having revoked his will, it having been certified by the judges, on a case from the Court of Chancery, that such devise was good notwithstanding the act, the will Was established, and the trusts of the charity direc...


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Product Details
  • ISBN-13: 9781154302790
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 272
  • Series Title: English
  • Weight: 490 gr
  • ISBN-10: 1154302792
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 14 mm
  • Width: 189 mm


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