SUPERSTITIOUS USE, English law. When lands, tenements, rents, goods or
chattels are given, secured or appointed for and toward the maintenance of a
priest or chaplain to say mass; for the maintenance of a priest, or other
man, to pray for the soul of any dead man, in such a church or elsewhere; to
have and maintain perpetual obits, lamps, torches, &c., to be used at
certain times to help to save the souls of men out of purgatory; in such
cases the king by force of several statutes, is authorized to direct and
appoint all such uses to such purposes as are truly charitable. Bac. Ab.
Charitable Uses and Mortmain, D; Duke on Char. Uses, 105; 6 Ves. 567; 4 Co.
104.
2. In the United States, where all religious opinions are free, and the
right to exercise them is secured to the people, a bequest to support a
catholic priest, and perhaps certain other uses in England, would not in
this country be considered as superstitious uses. 1 Pa. R. 49; 8 Penn. St.
R. 327; 17 S. & R. 388; 1 Wash. 224. It is not easy to see how there can be
a superstitious use in this country, at least in the acceptation of the
British courts. 1 Watts, 224; 4 Bouv. Inst. n. 3985.