A Treatise On the Mortmain And Charitable Uses Act, 1891

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It was in some cases attempted to be argued that, under the Test under old law, a gift to charity was good if the charity could not ■ become possessed of land under it.
It became, however, clearly settled that this was not the test, but that in every case the question was, what was the nature of the testator's interest in the property : Ashworth v. Munn, 15 Oh. D. at pp. 371, 373; Re Watts, Gornford V. Elliott, 29 Ch. D. at p. 952 ; and see Brooh v. Badley, 3 Ch. 672.
The present section expres
...sly excludes from the definition of Test under land " personal property arising from land." presen c .
These words include all cases in which the pi-operty which C 34 MORTMAIN AND CHARITABLE USES ACT, I 89 1.
SECT. 3. left the donor was land, but the interest which ultimately ■ passes to the charity is money — as, for instance, where land is devised upon trust to sell and to pay a charitable legacy out of the proceeds.
The test, therefore, now is, not what was the nature of the property in the hands of the donor, but what is the nature of the interest which the charity is intended to receive: see further, post, p.


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