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mortmain

 
Dictionary: mort·main   (môrt'mān') pronunciation
n.
  1. Law. Perpetual ownership of real estate by institutions such as churches that cannot transfer or sell it.
  2. The often oppressive influence of the past on the present.

[Middle English mortemayne, from Old French mortemain : morte, feminine of mort, dead; see mortgage + main, hand (from Latin manus).]


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Columbia Encyclopedia: mortmain
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mortmain (môrt'mān') [Fr.,=dead hand], ownership of land by a perpetual corporation. The term originally denoted tenure (see tenure, in law) by a religious corporation, but today it includes ownership by charitable and business corporations. In the Middle Ages the church acquired, by purchase and gift, an enormous amount of land and other property. The struggle over this accumulation of material wealth was an important aspect of the conflict between church and state. Moreover, lands held by monasteries and other religious corporations were generally exempt from taxation and payment of feudal dues, greatly increasing the burden on secular property. Attempts to limit ecclesiastic mortmain began as early as Carolingian times, and by the late 19th cent. the right of religious bodies to own land was in general highly restricted. In many countries the prevailing principle limited such ownership to absolutely necessary holdings. In the United States ecclesiastic mortmain was never a serious problem, and remaining statutes on the subject are essentially inoperative vestiges of former law.

Bibliography

See H. C. Lea, The Dead Hand (1900); C. Zollman, American Civil Church Law (1917).


Law Encyclopedia: Mortmain
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This entry contains information applicable to United States law only.

[French, Dead hand.] A term to denote the conveyance of ownership of land or tenements to any corporation, religious or secular.

Traditionally, such transfers were made to religious corporations. Like any corporation, the religious society had unlimited, perpetual duration under the law. It could, therefore, hold land permanently unlike a natural person, whose property is redistributed upon his or her death. The holdings of religious corporations grew as contributions were received from their members. Because such holdings were immune from responsibilities for taxes and payment of feudal dues, greater burdens were placed on noncorporate secular property. Therefore, land in mortmain was said to be held in perpetuity in one dead hand, that of the corporation.

WordNet: mortmain
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Note: click on a word meaning below to see its connections and related words.

The noun has 2 meanings:

Meaning #1: real property held inalienably (as by an ecclesiastical corporation)
  Synonym: dead hand

Meaning #2: the oppressive influence of past events of decisions
  Synonyms: dead hand, dead hand of the past


 
 
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Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved.  Read more
Columbia Encyclopedia. The Columbia Electronic Encyclopedia, Sixth Edition Copyright © 2003, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/ Read more
Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
WordNet. WordNet 1.7.1 Copyright © 2001 by Princeton University. All rights reserved.  Read more