Legal Definitions - in manu mortua

In manu mortua (or in mortua manu) is a Latin phrase meaning "in the dead hand." In a legal context, it refers to property, particularly land, that is held by a corporation, a charitable organization, or another perpetual entity, rather than by a living individual. The term highlights that such property does not pass through inheritance upon the death of an owner, nor is it subject to the traditional feudal incidents (like taxes or services) that applied when land was held by individuals. Instead, the property remains perpetually with the institution, as if held by a "dead hand" that cannot die or transfer ownership in the conventional sense.

Here are some examples to illustrate this concept:

• Example 1: University Endowment Real Estate

  A large private university owns several commercial buildings in a city, which generate rental income for its endowment fund. These properties are held "in manu mortua." The university, as a perpetual corporation, does not "die" in the way an individual owner would. Therefore, the buildings are not subject to probate, estate taxes, or the need for heirs to inherit them. The ownership remains with the university indefinitely, supporting its educational mission across generations.

• Example 2: Charitable Foundation's Investment Portfolio

  A philanthropic foundation, established to support medical research, possesses a substantial portfolio of stocks and bonds. This investment portfolio is held "in manu mortua." The foundation itself is an enduring legal entity, not a person. The assets within the portfolio are not subject to personal inheritance laws or estate planning decisions of any individual trustee or director. They are permanently dedicated to the foundation's charitable purpose, managed by its board, but ultimately belonging to the perpetual entity.

• Example 3: Municipal Park Land

  A city government owns a large tract of land designated as a public park, which has been preserved for recreational use for over a century. This park land is held "in manu mortua." The city, as a municipal corporation, has perpetual existence. The land does not belong to any individual mayor, council member, or citizen in a way that would allow it to be inherited or sold off as personal property upon their death or departure from office. It remains under the city's ownership and stewardship for the benefit of its residents indefinitely.