Legal Definitions - in mortua manu

The Latin term in mortua manu refers to a situation where property, such as land or assets, remains perpetually controlled by the instructions of a person who has died. Essentially, it describes property that is held under the enduring influence or "dead hand" of a deceased individual's directives, often through a will or trust, which dictate its use or management for an indefinite period.

Here are some examples to illustrate this concept:

• Example 1: The Enduring Family Estate Trust
  Imagine a wealthy individual who establishes a trust before their death, dictating that their sprawling ancestral estate must forever be maintained as a private nature preserve, open to the public only on specific holidays, and managed by a board composed exclusively of their direct descendants. The trust document specifies strict rules for its upkeep, funding, and the types of activities permitted on the land, with no provision for these rules to ever be changed or the land to be sold.

  This illustrates in mortua manu because the deceased's instructions continue to control the property's purpose, management, and accessibility indefinitely, long after their passing. The "dead hand" of the original owner dictates the estate's future, preventing current or future owners from altering its fundamental use.

• Example 2: The Specialized Research Endowment
  A renowned scientist leaves a substantial sum of money to a university, establishing an endowment fund. The will specifies that the interest generated from this fund can only be used to support research into a very niche and specific field, such as "the migratory patterns of a particular rare species of deep-sea plankton." The will explicitly states that the purpose of the fund cannot be altered, even if the research field becomes obsolete or other, more pressing scientific needs arise.

  This demonstrates in mortua manu because the deceased scientist's specific directive perpetually controls how the financial assets are used. Even though the university holds the funds, its ability to deploy them is forever bound by the original donor's instructions, reflecting control from beyond the grave.

• Example 3: The Unsellable Art Collection
  An avid art collector bequeaths their entire private collection of rare sculptures to a museum, but with a very strict condition in their will: none of the sculptures can ever be sold, loaned to other institutions for more than six months, or moved from their designated gallery space within the museum. The will also mandates that a specific, detailed conservation plan, outlined by the collector, must be followed for each piece indefinitely.

  This is an example of in mortua manu because the deceased collector's instructions impose perpetual restrictions on the museum's ownership rights. The museum cannot fully exercise control over the collection (e.g., by selling pieces to fund other acquisitions or moving them for new exhibitions) because it is forever bound by the "dead hand" of the original donor's will.