The Law of Real Property of the State of New York; Containing the Text of the Five Titles of Chapter One, Part Second, Fourth Edition of the Revised Statutes the Notes of the Revisers in Their Report to the Legislature in 1827 and a Full

The Law of Real Property of the State of New York; Containing the Text of the Five Titles of Chapter One, Part Second, Fourth Edition of the Revised Statutes the Notes of the Revisers in Their Report to the Legislature in 1827 and a Full

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1855 edition. Excerpt: ...3 R. S. 2nd cd. 572, 612.) Now it is perfectly certain, that the law of charitable uses in England, was never understood to be subject to the law against perpetuities; but, on the contrary, it formed a well settled exception to the operation of that law. " The almost innumerable examples of trusts calling for a continuous and perpetual application of the rents of land, and the income of stocks or moneys, to perpetually recurring subjects of charity, would alone prove this. One need only look into the enumeration in the statute of Elizabeth, or any collection of cases upon the law of charity, to see that perpetuity is of the essence of such donations. The gift of land or money to be expended, at once, or within any short period, would not meet the wishes of those who desire to benefit their race, any more than it would answer the necessities of the poor and unfortunate, whom, by a stern law of our humanity, we have always with us. Hence Lewis says, that property dedicated to the service of charity and religion, is practically inalienable. (Treatise on Perpetuities, p. 689.) The same writer, whose work was published since the 40th of Geo. Ill, (in 1843, ) has a chapter entitled. ' Of limitations, exempt from the operation of the rule against perpetuities.' The third class of exempt dispositions treated of in this chapter is ' Limitations in Mortmain, and to charitable uses' (Ch. 32, p. 663.) Conveyances, devises, and bequests, for charitable purposes, are treated of throughout, as exempt from the otherwise almost universal law; for the alienation of property conveyed to such uses, he says, 4 would defeat their manifest object, viz: the susteutation of the charitable or religious institutions, or the carrying out in continuity of the benevolent...show more

Product details

  • Paperback | 142 pages
  • 189 x 246 x 8mm | 268g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236659511
  • 9781236659514