The Law of charitable uses revised and much enlarged with many cases in law both antient and modern whereunto is now added the learned reading of Sr. Francis Moor, Kt. ... upon the statute of 43 Eliz. concerning charitable uses (who was a member of that Parliament when that statute was made and the penner thereof) : abridged by himself and now printed by his own original manuscript : together with the manner of proceedings in Chancery ... for relief on divers cases wherein the aid of this statute is not required ... necessary for all bishops, cathedrals, colledges, and all parishes in England for recovery and setling of charitable donations methodically digested by George Duke of the Inner Temple, Esq.
About this Item
Title
The Law of charitable uses revised and much enlarged with many cases in law both antient and modern whereunto is now added the learned reading of Sr. Francis Moor, Kt. ... upon the statute of 43 Eliz. concerning charitable uses (who was a member of that Parliament when that statute was made and the penner thereof) : abridged by himself and now printed by his own original manuscript : together with the manner of proceedings in Chancery ... for relief on divers cases wherein the aid of this statute is not required ... necessary for all bishops, cathedrals, colledges, and all parishes in England for recovery and setling of charitable donations methodically digested by George Duke of the Inner Temple, Esq.
Author
Duke, George, Esq.
Publication
London :: Printed for Henry Twyford and are to be sold at his shop ...,
1676.
Rights/Permissions
This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Cite this Item
"The Law of charitable uses revised and much enlarged with many cases in law both antient and modern whereunto is now added the learned reading of Sr. Francis Moor, Kt. ... upon the statute of 43 Eliz. concerning charitable uses (who was a member of that Parliament when that statute was made and the penner thereof) : abridged by himself and now printed by his own original manuscript : together with the manner of proceedings in Chancery ... for relief on divers cases wherein the aid of this statute is not required ... necessary for all bishops, cathedrals, colledges, and all parishes in England for recovery and setling of charitable donations methodically digested by George Duke of the Inner Temple, Esq." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A70615.0001.001. University of Michigan Library Digital Collections. Accessed May 4, 2024.
Pages
descriptionPage 71
CASE 9. Kennington Hastings in Com. War. 9. Jac.
ONe Humphrey Davis erected an Alms-House in Kenning∣ton Hastings, for eight poor Men, and being seized of Lands in Tennington, Monton, and Burbery, then Lett for 10 l. Rent per ann. doth devise the Rents of his said Lands, for maintainance of the said Poor in the said Alms-house, and dyes, his Heir pays the 10 l. yearly for maintainance of the Poor at the Alms-house, and at the end of the term, doth Demise the Land at 40 l. per ann. The Commissioners do Decreé the whole Land for maintainance of the Charitable Use, and the Arrearages of the improved Rent taken by the Heir, from the time of the expiration of the old Lease, until the Decrée, and that the new Lease shall be void, and surren∣dred; and upon the Heirs Appeal in Chancery, and Excep∣tions taken to the Decrée, the Lord Kéeper referred the Case to the Iudges principally, Whether if one Devise the Rents of his Land to a Charitable Use, if by this Devise, the Land pas∣sed? and they certified their opinions, That by Devise of the Rents of the Lands to a Charitable Use, the Land it self did pass. And in 12 Jac. in the Case of one Kerry and Dethick, it was adjudged, That if one Devise to another and his Heirs, the Rents and Profits of his Lands, that this is a Devise of the Land it self. Also they Resolved, That when one Devi∣seth the Rent of his Land to a Charitable Use, it shall be ta∣ken largely for a Devise of the Rent then reserved, or after∣wards to be reserved upon an improved value. And the Lord Kéeper did afterwards confirm the Commissioners Decree in all things.