9 Geo. 11. c. 36. AND ITS SUBSEQUENT ALTERATIONS:

COMPRISING THE LAW AS IT NOW STANDS RELATIVE TO DEVISES, BEQUESTS, VISITATION,

LEASES, TAXES, AND OTHER INCIDENTS TO THE ESTABLISHMENT OF

PUBLIC CHARITIES.

THE SECOND EDITION,
WITH MANY ADDITIONAL CASES, AND SEVERAL NOT HITHERTO REPORTED.

BY ANTHONY HIGHMORE, GENT.

" Ita semper quod pia et celeberrima voluntas donatorum in omnibus teneatar
et expleatur et perpetuo sanctissime perseveret."

St. de Templariis, 17 Ed. II. & Co. 131.

LONDON:

AND

PRINTED FOR J. BUTTERWORTH, FLEET-STREET;

J. COOKE, ORMOND-QUAY, DUBLIN.

RWILKS, PRINTER, 89, Chansey Poulie. ?ondon.

RT. HON, SIR WILLIAM GRANT, M. P.

MASTER OF THE ROLLS,

&c. &c. &c.

WHOSE

EXTENSIVE LEARNING

AND

CORRECT JUDGMENT

WAVE ALWAYS DISTINGUISHED HIS DECISIONS;

AND TO WHOM

THE JUST DE PERENCE DUE TO THE JUDGI

IS

GRATEFULLY ENLARGED

BY THE

VENERATION DUE TO THE MAN,

THE FOLLOWING WORK,

AS A TRIBUTE OF UNFEIGNED RESPECT,

IS INSCRIBED, WITH HIS ASSENT,

BY HIS HONOR's

OBEDIENT HUMBLE SERVANT,

ANTHONY HIGHMORE.

No. 33, Ely-Place, Trinity Term, 1809.

CONTENTS.

INTRODUCTION.....

Table of Cases cited....

Page

xi.

xxxiii.

PART I.

THE HISTORY OF MORTMAIN.

Chap. I. Of the Establishment and Decline

of Monastic Institutions ...

II. Of the Restraints of Alienations in

Mortmain to the Period of the

Reformation

III. Of the Law of Charitable Uses,

from the Reformation till the 9th

Geo. 11...

12

47

PART II.

OF MORTMAIN AND CHARITABLE USES.

Chap. I. Of the Statute of 9 Geo. II. c. 36. 83

Sect. 1. Preliminary Observations 92

2. Of Purchasing Lands.... 94

3. Of Devises of real Estate

for Charity