The True Principles of Legislation With Regard to Property Given for Charitable Or Other Public Uses. (Being An Essay Which Obtained the Yorke Prize of the University of Cambridge.)

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Spicer (1 Br. C. C, 201). t Pari. Papers, 1844, x., 509, § Pari. Papers, 1852, xiii., 7. II Report I., 514, n II. The Act prohibits bequests of money " to be laid out or disposed of in the purchase of any lands." But this has been interpreted to apply not merely to cases where the testator has expressly directed that application of the money, but even to cases in which his intention is only inferred by a somewhat astute construction.* Even Lord Hardwicke allowed money to be bequeathed for " ere...cting " schools and almshouses, on the ground that to erect need only mean to found, and that a school or almshouse might well be founded in hired premises; but such bequests are now held to be void.-|- Lord Hardwicke also held that money might be bequeathed for the purpose of building upon land, which though not in mortmain before the testator's death might afterwards lawfully come into mortmain ;J yet this was at one time denied on the simple ground that such a bequest " holds out a temptation to people to give the land,"§ but it is now a well-established rule.

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