Mortmain Statute - Law Dictionary Search Results
mortmain statute
Matched in: Term mortmain statute
Mortmain
Matched in: Term Mortmain
Uses
trust unlawful, which was created for fradulent purposes, so as to defraud creditors, to defeat the Statute of Mortmain, and the like. If the two following statutes be compared, it will be manifest that Parliament did not
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Forfeiture
on behalf of any corporation in mortmain otherwise than under a licence under the Crown or of a Statute shall be forfeited to the Crown or the mesne lord. Apparently, the Land Charges Act, 1922, abolish-ing copyholds, … 1870), subject to certain provisoes, enables aliens to hold real and personal property. See ALIEN. (3) Alienation in mortmain, or to any kind of corporation (which was supposed to hold property in a dead hand locked up
statute of mortmain
Matched in: Term statute of mortmain
Charities, or Public Trusts
permission was soon abused to so great a degree as to induce the Emperor Valentinian to enact to Mortmain Act by which it was restrained. But this restraint was gradually relaxed; and in the time of Justinian … had the power to apply a portion of every man's personal estate to charity; and when afterwards the statute compelled a distribution, it is not impossible that the same favour should have been extended to charity in
Trust
and also of realty upon charitable trusts; but not upon private trusts, by reason of the Statutes of Mortmain, unless the trustee is a Trust Corporation or the Public Trustee (see those titles). Equity will, however, supply … to conveyance] in relation there to co-extensive with his ability to dispose of it at law. The (English) Statute of Frauds, 29 Car. 2, c. 3, s. 7 [reproduced by s. 53 (1) (b) of the Law
use
in medieval England, where they were often secretly employed as a method of evading laws (as those prohibiting mortmain) and penalties (as attainder) and to defeat creditors. In response, the Statute of Uses was enacted in 1535.
Park
(1872) LR 8 QB 118. Gifts for Parks.-By 34 Vict. c. 13, repealed and re-enacted by the (English) Mortmain and Charitable Trusts Act, 1888, proceeding on the Preamble that it is expedient to facilitate gifts of land … to be applied in or towards the purchase of land for such purposes, shall be valid, notwithstanding the Statutes of Mortmain; and see OPEN SPACES. Park, includes not only surface of earth but everything under or over
Qude jus
a judgment, before its execution, to make sure that the judgment was not collusively made to avoid the mortmain statute, Black's Law Dictionary, 7th Edn., p. 1253.
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