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SECT. 1.-Gifts which are independent of the Mortmain Act. p. 76.
SECT. 2.—Gifts which are allowed efficacy notwithstanding the Mort-
main Act. p. 102.
SECT. 3.-Gifts which conform to the regulations of the Mortmain
Act. p. 107.
CHAPTER II.-Gifts which in their subject and objects are also
sufficiently indicated; but which either have been specially
excepted out of or from the operation of the Mortmain Act,
or else are beyond the sphere of its influence. p. 126.
SECT. 1.-Exceptions contained in the Mortmain Act itself. p. 126.
SECT. 2.-Restricted operation of the Mortmain Act. p. 135.
SECT. 3.-Distinct statutable exceptions. p. 136.
CHAPTER III.—Gifts which from some circumstance or accident
cannot be applied or executed in the manner contemplated
by the donor, but are carried into cffect cy pres, or in
the way of approximation under the direction of the Court
of Chancery. p. 147.
SECT. 1.-Non-application of the cy pres doctrine, and consequent
failure of the charity. p. 150.
1.—Where the same arises from the specific nature of the
purpose pointed out. p. 150.
2. And where from the interposition of the Mortmain
Act. p. 153.
SECT. 2.-Cy pres doctrine inadmissible to vary the constitution of a
charity on grounds of expediency only. p. 155.
1.-Where the change is material, but some supposed benefit
is attached to it. p. 155.
xi
2.—Where the duties imposed happen to be irksome. p. 166
3.-Where the innovation is the result of time. p. 167.
4.—Where benefits, provided for a religious body, have
been made to follow the course of opinion. p. 167.
SECT. 3.-Analogous operation of the cy pres doctrine. p. 169.
1.-Where the charitable objects are attended with un-
certainty. p. 170.
2.-Where the donor has left the enumeration of objects
incomplete. p. 171
3.-Where the gift is made to, or concerns an indefinite
class of persons. p. 172.
4.-Where circumstances intervene to prevent a strict
execution of the charity. p. 173.
5.-Where certain preliminaries to the enjoyment of a gift
have been neglected by the trustees. p. 176.
6.-Where there occurs a failure of trustees. p. 177.
7.-Where the charity is for the time impeded. p. 177.
8.-Where a surplus accrues after the gift. p. 179.
9.-Where there exists an original surplus. p. 190.
10.—Where the surplus or property arises from a failure of
objects. p. 202.
SECT. 4.-Freedom with which the cy pres doctrine is applied in the
absence of any specific intention. p. 212.
1.—Where a superintending or coercing power is exercised
by the court. p. 213.
2.-Where the trustees are unwilling to act. p. 218.
3.—Where there is a failure of trustees. p. 220.
4.-Where the donor shews an intention of nominating to
the charity, but fails so to do. p. 224.
5.-Where there occurs a general substitutional gift, in
case of the first being void. p. 231.
CHAPTER IV.-Gifts which from some defect, omission, or vice
cannot be applied or executed by or under the superintend-
ence of the Court of Chancery, but are appropriated to such
charitable uses as are nominated and selected by and under
the king's sign manual. p. 237.
SECT. 1.-Where the gift is altogether indefinite. p. 237.
SECT. 2. Where the gift is to a superstitious use. p. 242.
1.-General doctrine on this subject, and definition of a
superstitious use. p. 242.
2.-Provisions and operation of the 23 Hen. 8, c. 10.
p. 243.
3.—Provisions and operation of the 1 Edw. 6, c. 14.
p. 258.
4.-Effect of the 1 Geo. 1, c. 50. p. 264.
5.-Examination of the cases. p. 264.
6.-Exception of certain gifts in favor of the Roman
Catholics. p. 277.
CHAPTER V.-Gifts which are made to persons expressly as trus-
tees, but to which so much of ambiguity and uncertainty
as respects the intended objects or mode of application are
found to attach, as to render the trust too indefinite to be
executed at all, and the beneficial interest therefore results.
p. 281.
CHAPTER VI.-Gifts which are made to persons bearing a par-
ticular character, or upon condition subsequent, or with
superadded words of a merely precatory nature; and which
character, condition, or words, not being allowed to affect
the disposition in favor of the donee, he retains the pro-
perty for his own benefit. p. 311.
SECT. 1.-Dispositions involving doubts respecting the character of
the benefit. p. 312.
SECT. 2.-Dispositions made upon condition subsequent. p. 315.
SECT. 3.-Dispositions to which precatory words are annexed. p. 316.
CHAPTER VII.-Gifts which are made to such uses, or upon such
trusts as are held to be within the statute, and consequently
are merely void. p. 320.
SECT. 1.-Character of gifts affected by the Mortmain Act. p. 321.
SECT. 2.- Mode of dealing with bequests, which involve the principle
of marshalling. p. 329.
SECT. 3.-Consequential effect of a gift being void. p. 362.
1.-Where land is given on condition of paying a sum of
money direct to a charity. p. 362.
2.-Where the money is to be added to the personal es-
tate. p. 365.
3.-Where a distinct charge is created in favor of a
charity. p. 366.
4.-Where a bequest is made out of the proceeds of real
estate. p. 373.
5.-Where there is also a residuary gift of such proceeds,
with or without a general devise of real estate
p. 376.
6.- Where there is a general or residuary gift of personal
estate. p. 393
7.-Where the gift is to come out of a mixed fund. p. 401.
8.-Where the subject of the gift is an aliquot part or share
of a mixed fund. p. 414.
9.-Where an undefined amount of personal estate is to be
applied to an illegal charitable purpose. p. 419.
CHAPTER VIII.-Gifts which are clothed, or attempted to be
clothed with secret or imperfect trusts for charitable or
superstitious purposes; and which, according as there has
or has not been any privity or connivance on the part of
the donee, are for the most part either discharged from
such trusts in his hands, or are adjudged to be equally with-
in the act as if the trusts were duly and expressly declared.
p. 421.
SECT. 1.-Where the use is a charitable one. p. 422.
SECT. 2.-And where it is of a superstitious description. p. 455.
APPENDIX.
Statute of Charitable Uses. p. 461.
Sir Francis Moore's exposition thereof. p. 465.
Statute of Mortmain. p. 506.
Act to facilitate the conveyance of Sites for School Rooms. p. 509.
Forms of bequest most beneficial to charities. p. 512.