Question
The first mortmain statute, enacted in the thirteenth century during the reign of Edward I, was designed to prevent land from being owned in perpetuity
The first mortmain statute, enacted in the thirteenth century during the reign of Edward I, was designed to prevent land from being owned in perpetuity by religious orders. In modern times, the term is applied to statutes that void deathbed bequests or devises to religious entities or, more generally, to charities. Suppose you are an aide to a state legislator whose legislature is considering enactment of either of the following laws:
No bequest or devise to a religious entity or clergyman is valid if it is made within six months before the testator's death.
No bequest or devise to a charity is valid if it is made within six months before the testator's death.
Advise your employer as to the validity of either or both proposed statutes. Would it make any difference if the second proposal was motivated by bias against religious institutions?
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