Prideaux's Precedents in Conveyancing : With Dissertations On Its Law And Practice

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&J. 357; Thomson i). Shakespeare, John. 612 ; seealsoMossD. Cooper, IJ.&H. 352; 1 De G., F. & J. 399 ; Fowler v.
Jones V. Badley, L. R. 3 Ch. 362. Fowler, 33 Beav. 616 ; Dawson v.
(6) JBe Leach, Sii- J., in Attorney- Small, 18 Eq. 114.
400 WILLS.
tlie church itself, is a charitable trust, and within the Mortmain Act, and if of pure personalty, is good {g).
When, by a private Act of Parliament, a charitable institution was incorporated and empowered to purchase, take in reserve, and hold any lan
...ds not exceeding a certain quantity without incurring any of the penalties of the Statute of Mortmain, it was held that the charity could not take a bequest of land by will (A), but the contrary was held in another case where the incorpora- ting act expressly authorised the charity to acquire lands by will (^).
Recent Act By a rocent Act (33 & 34 Vict. c. 34), trustees of charitable charitable funds are authorised to invest on real secu- investedin tlcs wlthout infringing the Statute of Mortmain, subject ties.


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