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 Today, most such statutes have been repealed.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 ?
Within "Mortmain," the provision of dates as part of the titles of four of the five sections also calls attention to a "violation of general chronology"; the poem, like the biographical portion, scrambles dated scenes in order to present a more vivid "recollective" chronology.
[164-170] [Condition 1] Her Highness, the settlor identified earlier, has made the properties described above legally irrevocable mortmain of the [Gawhar Shad] Mosque (the best of Godcs rewards in both worlds!).
Keywords: Trust, Use, Charitable Trust, Common Law, Equity, Canon Law, Fideicommissum, Mortmain, Foundation, lus Commune.
leftover gasps of mortmain in the New World apparently discouraged
Thus, for instance, Mortmain (meaning in French "Dead Hand") impersonated Melville's desire for self-annihilation, while Nehemiah was a "gentle, saintly version of Captain Ahab who had learned to accept the universe," and Rolfe "the eager believer," who "may have been an ironic partial portrait of Melville himself." (Howard 1963: 40)
In New York for many years, a mortmain statute barred testators from bequeathing more than half their estates to charity if a parent or child survived them and contested the will, unless the parent or child would derive no benefit from doing so under the terms of the will or by intestacy.
His brown-wash study of the former dramatically delineates the jagged fingers of rock and the fractured, tessellated cliffs on which Mortmain castle perches like an afterthought.
of the 1773 Mortmain Bill that sought to allow charitable trustees to
The technical language of the cases, especially the older property and trust precedents, is inaccessible to readers lacking expertise in ancient rules of law, some of which are now only selectively taught in law schools, e.g., the law of mortmain and the rule against perpetuities.
(29) In Excitable Speech and later, it also challenges the legal subject adjudicated through an a priori intentionality unmediated by convention and context, one who contracts and wills into the future (30) (It is the installation of such a subject that we can clearly see in the case of colonial liberalism, which, through a host of acrobatic legal citations managed even to declare that the deity of a Hindu temple was a legal subject, all in the service of instituting the principle of mortmain in British India.
The hand of the dead, the dead hand, a mortmain, the spectral fingers reaching from the grave: along with the giant hand Bianca sees in The Castle of Otranto (1765), images of dead or ghostly hands were familiar terms of night terror.
The cases and fatwa are divided by major areas of dispute, land, taxes, trusts in mortmain, marriage, divorce, offenses against property and against people.