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Mortmain And Charitable Uses Act 1888
Mortmain () is the perpetual, inalienable ownership of real estate by a corporation or legal institution; the term is usually used in the context of its prohibition. Historically, the land owner usually would be the religious office of a church; today, insofar as mortmain prohibitions against perpetual ownership still exist, it refers most often to modern companies and charitable trusts. The term ''mortmain'' is derived from Mediaeval Latin ''mortua manus'', literally "dead hand", through Old French ''morte main'' (in modern French, ''mainmorte''). History During the Middle Ages in Western European countries such as England, the Roman Catholic Church acquired a substantial amount of real estate. As the Church and religious orders were each recognised as a legal person separate from the office holder who administered the Church land (such as the abbot or the bishop), the land would not escheat on the death of the holder, or pass by inheritance, as the Church and the religiou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Against Perpetuities
The rule against perpetuities is a legal rule in the American common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at the time the instrument was written. Specifically, the rule forbids a person from creating future interests (traditionally contingent remainders and executory interests) in property that would vest beyond 21 years after the lifetimes of those living at the time of creation of the interest, often expressed as a “life in being plus twenty-one years”. In essence, the rule prevents a person from putting qualifications and criteria in a deed or a will that would continue to affect the ownership of property long after he or she has died, a concept often referred to as control by the "dead hand" or "''mortmain''". The basic elements of the rule against perpetuities originated in England in the 17th century and were "crystall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Provisions Of Oxford
The Provisions of Oxford were constitutional reforms developed during the Oxford Parliament of 1258 to resolve a dispute between King Henry III of England and his barons. The reforms were designed to ensure the king adhered to the rule of law and governed according to the advice of his barons. A council of fifteen barons was chosen to advise and control the king and supervise his ministers. Parliament was to meet regularly three times a year. Like the earlier Magna Carta, the Provisions of Oxford demonstrated the ability of the barons to press their concerns in opposition to the monarchy. The king ultimately refused to abide by the reforms, sparking the Second Barons' War. The king defeated his opponents, and royal authority was restored. Background When in the spring of 1258 Henry III sought financial aid from Parliament, he was confronted by a group of barons who insisted on a new commission of reform, in the shape of a committee of twenty-four members, twelve selected by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commentaries On The Laws Of England
The ''Commentaries on the Laws of England'' are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1770. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs. The ''Commentaries'' were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The ''Commentaries'' were influential largely because they were in fact readable, and because they met a need. The ''Commentaries'' are often quoted as the definitive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sir Edward Coke
''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as part of "Monsieur", with the equivalent "My Lord" in English. Traditionally, as governed by law and custom, Sir is used for men titled as knights, often as members of orders of chivalry, as well as later applied to baronets and other offices. As the female equivalent for knighthood is damehood, the female equivalent term is typically Dame. The wife of a knight or baronet tends to be addressed as Lady, although a few exceptions and interchanges of these uses exist. Additionally, since the late modern period, Sir has been used as a respectful way to address a man of superior social status or military rank. Equivalent terms of address for women are Madam (shortened to Ma'am), in addition to social honorifics such as Mrs, Ms or Miss. Etymo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became heavily involved in university administration, becoming accountant, treasurer and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, and simplifying the complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as a bar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ratio Decidendi
''Ratio decidendi'' ( Latin plural ''rationes decidendi'') is a Latin phrase meaning "the reason" or "the rationale for the decision". The ''ratio decidendi'' is "the point in a case that determines the judgement" or "the principle that the case establishes".See Barron's Law Dictionary, page 385 (2d ed. 1984). In other words, ''ratio decidendi'' is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment. Unlike '' obiter dicta'', the ''ratio decidendi'' is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of ''stare decisis''. Certain courts are able to overrule decisions of a court of coordinate jurisdiction. However, out of interests of judicial comity, they generally try to follow coordinate ration ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Void (law)
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means "to be treated as invalid from the outset", comes from adding the Latin phrase ''ab initio'' (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ''ab initio''. The frequent combination "null and void" is a legal doublet. The term is frequently used in contradistinction to the term "voidable" and "unenforceable". Definitions '' Black's Law Dictionary'' defines 'void' as: In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable val ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Herbert Cozens-Hardy, 1st Baron Cozens-Hardy
Herbert Hardy Cozens-Hardy, 1st Baron Cozens-Hardy, (1838–1920) was a British politician and judge who served as Master of the Rolls from 1907 until 1918. Early life and career Cozens-Hardy was born in Letheringsett, Norfolk in 1838, the second son of William Hardy Cozens-Hardy, a former Norwich solicitor, and Sarah, ''née'' Theobald, daughter of Thomas Theobald, textile manufacturer. His grandmother was the diarist Mary Hardy. His family were Methodists, a connection which proved to be useful in his career at the bar. Cozens-Hardy was educated at Amersham School and University College, London, where he matriculated in 1858 and gained the LLB in 1863, later becoming a fellow of University College. He was called to the bar at Lincoln's Inn in 1862, and read in the chambers of Thomas Lewin and James Dickinson. Cozens-Hardy acquired a large junior practice at the Chancery bar, and became Queen's Counsel in 1882. It was then the practice of Chancery Queen's Counsels ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joanna Southcott
Joanna Southcott (or Southcote; April 1750 – 26 December 1814) was a self-described religious prophetess from Devon, England. A "Southcottian" movement continued in various forms after her death; its eighth prophet, Mabel Barltrop, died in 1934. Early life Joanna Southcott was born in the hamlet of Taleford, Devonshire, baptised at Ottery St Mary, and raised in the village of Gittisham. Her father, William Southcott (died 1802), ran a small farm. She did dairy work as a girl, and after the death of her mother, Hannah, she went into service, first as a shop-girl in Honiton, then for a considerable time as a domestic servant in Exeter. She was eventually dismissed because a footman whose attentions she rejected claimed that she was "growing mad". Self-revelation Originally in the Church of England, she joined the Wesleyans in Exeter in about 1792. She became persuaded that she had supernatural gifts and wrote and dictated prophecies in rhyme. She then announced herself as t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trust Law
A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the " settlor", the party to whom the right is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the " beneficiary", and the entrusted property itself is known as the "corpus" or "trust property". A ''testamentary trust'' is created by a will and arises after the death of the settlor. An ''inter vivos trust'' is created during the settlor's lifetime by a trust instrument. A trust may be revocable or irrevocable; an irrevocable trust can be "broken" (revoked) only by a judicial proceeding. The trustee is the legal owner of the property in trust, as fiduciary for the beneficiary or beneficiaries who is/are the equitable owner(s) of the trust property. Trustees thus have a fiduciary duty to manage t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Saunders V Vautier
Saunders is a surname of English and Scottish patronymic origin derived from Sander, a mediaeval form of Alexander.See also: Sander (name) People * Ab Saunders (1851–1883), American cowboy and gunman * Al Saunders (born 1947), American football coach * Alan Saunders (broadcaster) (1954–2012), broadcaster for the Australian Broadcasting Corporation * Alan Saunders (police officer) (1886–1964), Inspector-General of Police in Palestine, 1937–1943 * Alan Saunders (public servant) (1892–1957), English public servant and cricketer * Albert Charles Saunders (1874–1943), Canadian politician * Alfred Saunders (1820–1905), New Zealand politician * Alfred Thomas Saunders (1854–1940), generally known as A. T. Saunders, South Australian historian * Alison Saunders (born 1961), British barrister and Director of Public Prosecutions * Allen Saunders (1899–1986), American cartoonist * Alvin Saunders (1817–1899), American politician * Amy Saunders, British performer also k ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
