Two Centuries' Growth of American Law, 1701-1901,
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The Statute of Charitable Uses, 4.3 Eliz. u. 4 (1601), enabled charitable corporations to take by devise. The statute of 9 George II. (1736) — usually referred to as a Mortmain Act — provided that hereditaments or person- alty to be laid out therein, should not be settled by way of gift upon individuals or upon corporations charged with a trust for the benefit of any charitable uses whatever, except by a deed executed twelve months before the death of the donor, enrolled in chancery, without th...e power of revocation or reservation. The law concerning gifts to charitable corporations so remained until the Mortmain and Charitable Uses Act of 1888, a consolidating statute which in principle re- enacted the act of George II., with exceptions in favor of certain charities.
WILLS 197 There exist in the charters of many charitable corporations limitations upon the value of the property which may be taken, whether realty or personalty. These limitations are familiar and have occasioned considerable litigation ; one ques- tion of interest being, whether a gift in excess of the amount allowed by charter can be avoided by an heir-at-law in his own interest, or whether action by the State is necessary to prevent retention of the gift.
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To quickly assess the difficulty of the text, read a short excerpt:
The Statute of Charitable Uses, 4.3 Eliz. u. 4 (1601), enabled charitable corporations to take by devise. The statute of 9 George II. (1736) — usually referred to as a Mortmain Act — provided that hereditaments or person- alty to be laid out therein, should not be settled by way of gift upon individuals or upon corporations charged with a trust for the benefit of any charitable uses whatever, except by a deed executed twelve months before the death of the donor, enrolled in chancery, without th...e power of revocation or reservation. The law concerning gifts to charitable corporations so remained until the Mortmain and Charitable Uses Act of 1888, a consolidating statute which in principle re- enacted the act of George II., with exceptions in favor of certain charities.
WILLS 197 There exist in the charters of many charitable corporations limitations upon the value of the property which may be taken, whether realty or personalty. These limitations are familiar and have occasioned considerable litigation ; one ques- tion of interest being, whether a gift in excess of the amount allowed by charter can be avoided by an heir-at-law in his own interest, or whether action by the State is necessary to prevent retention of the gift.
What to read after Two Centuries' Growth of American Law, 1701-1901,?
You can find similar books in the "Read Also" column, or choose other free books by Yale Law School to read onlineMoreLess
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