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The numerous Charities existing in this country-the inquiries already completed and in progress respecting them -the number of decisions already made and likely hereafter to arise in courts of equity upon difficult and intricate questions concerning Charities—and the want of a modern and more systematic arrangement of the law upon that subject than has hitherto appeared, are sufficient reasons for offering to the Profession and the Public a new work upon it.

The author, at the expense of much labour, has endeavoured, by a careful perusal of the reported cases, and in many instances by the examination of other authentic documents, to collect all the material points upon the law of Mortmain and Charities, and to arrange them in such order as to afford facility of reference and elucidation of principles. In traversing so wide a field, under circumstances neither encouraging nor favourable to the performance of a task not free from difficulties, it is rather to be desired than expected that every point worthy of notice should have received its appropriate consideration.

The abstract principles relating to Charities might be brought within a small compass compared with the extent

of this work. In answer to an objection which may be made to its length, it may be observed, that the statement of . facts has in many instances been deemed necessary for rendering the subject intelligible and the work practically useful. It would be difficult to refer many of the decisions respecting Charities to any well-defined principle, and the distinctions between others depend frequently on such minute variations of circumstances as to induce the alternative of either omitting the case, or of stating the leading facts at some length.

A more enlarged experience, and a more continuous and uninterrupted attention, may no doubt correct some faults and supply some deficiencies in this work; amplify some parts of it, and curtail others; but some hope is entertained that the book, in its present state, will supply those who are imperfectly acquainted with this branch of law, with facilities for acquiring a knowledge of it, and tend materially to shorten their labours in the future pursuit of it. In apology for any defects in the performance of his design, the author has to state, that it has been his anxious wish and aim to render the work as useful and complete as the opportunities afforded him and his other engagements would admit.

3, Brick Court, Temple,

Easter Term, 1836.


SECTION IV. Of bequests of money to be laid out in the purchase

or improvement of real estate for charitable

uses . . . . . . . . 168

1. Of imperative trusts to invest in lands . ib.

2. How far a testator's intention may be effected

by hiring land, or by a gift from others · 178

3. When a discretionary power to invest in lands

or in the funds will support the gift, and

when not . . . . . . 183

4. When bequests to improve lands in mortmain

are valid, and when not . . . . 188

V. Of bequests of personalty which fail on account

of being connected with a devise of real estate 195

VI. Of the right of heirs at law, devisees and next of

kin of testators, to the benefit of void devises

and bequests to charitable uses . . 204

1. When the heir at law is entitled to void charges 206

2. When devisees are entitled to void charges . 209

3. Questions between real and personal repre-

sentatives in cases of conversion of real estate 214

4. Release from next of kin not presumed : 225

VII. Assets not marshalled in favour of charities .227

1. Decisions as to marshalling assets in cases of

charities . . . . . . 228

2. As to the apportionment of a mixed fund for :

the payment of debts and charitable and

other legacies . . . . . . 234

VIII. Of exemptions from the statute 9 Geo. II. c. 36 240

1. Annuities . . . .

. 241

2. Exception in fuvour of English universities

and colleges . . . . . . 244

3. Queen Anne's bounty . . . . 255

4. Hospitals . . . . . . . ib.

5. Devises by freemen according to the custom

of London . . . . . . 257

6. Gifts of real and personal estates in Scotland ib.

in Ireland . 262

- in the West Indies 263


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