mortmain


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mortmain

Literally means “dead hand.”Originally referred to statutes passed in England in 1279 and 1290 to prevent transfers of property to the Church, which would keep the land in its “dead hand” forever and prevent the king from ever realizing any tax income from it. In modern times, mortmain statutes invalidated deathbed gifts to charities, upon the theory that the recipient may have been guilty of undue influence by promises of a rosy hereafter, making the gift suspicious. Today, most such statutes have been repealed. (Unhappy heirs wishing to contest last-minute charitable gifts may use the general theory of undue influence to make their case.)

References in periodicals archive ?
The sheer liberty of emancipation is sustained by an entitlement to property that mutes the free if savage play of the market arena and lifts the weight of mortmain from the subjects of the Law.
She recently starred as Cassandra Mortmain in the BBC feature film "I Capture the Castle" and held a role in the MGM/UA film Nicholas Nickleby.
11) This method of circumventing the law was first and most extensively used by religious orders seeking to get around the Mortmain Acts--a series of acts prohibiting clergy from receiving donations of land for the purpose of "prevent[ing] the alienation of lands to religious corporations that consequently became perpetually inherited in one `dead hand,' hence, the term `Mortmain.
Keats's "The Living Hand" depicts literary fame as the work of mortmain, as the poet's hand reaching directly for the reader to enforce a response.
116) A specific task force set up within the Inland Revenue, called the Mortmain Property Task Force, has the authority to make advance rulings under certain conditions.
Actually, the Statute of Elizabeth itself was repealed in 1888, but this preamble list survived in the Mortmain and Charitable Uses Act, 1888.
Carpentry, for example, may have been affected by the downturn in large-scale ecclesiastical spending on cathedrals and abbeys, which passed Its peak in the 1270s,(49) a trend (judging from the wage series) which was not significantly countered by such events as the Welsh castle building of Edward I's reign or the manorial spending evident on some ecclesiastical estates in the wake of the Statute of Mortmain in 1279.
This mortmain must be lifted to make any scientific progress at all.
Topics addressed include the contribution of London to English common law, the influence of 13th century legislation on mortmain alienation in Flanders on French and English law, tensions between localism and centralism in the tax administration of 19th century England and the United States, the influence of the will theory of contract in the 19th century, the creation of the default judgment in 19th century English procedural reforms, legal resistance to the English Poor Law Amendment Act of 1834 in the cities of Chester and Liverpool, public morality and copyright law in 19th century Britain, the relationship between legal education in England and the German historical school of law in the 19th century, and law and India at King's College London.
Though it is the mid-1930s, there's no electricity in the castle, so Cassandra Mortmain sits in the kitchen sink to catch the last light of day as she begins writing the journal that is this delightful novel.