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Articles 1 - 7 of 7
Full-Text Articles in Estates and Trusts
The Rise Of The Perpetual Trust, Jesse Dukeminier, James E. Krier
The Rise Of The Perpetual Trust, Jesse Dukeminier, James E. Krier
Articles
For more than two centuries, the Rule against Perpetuities has served as the chief means of limiting a transferor's power to tie up property by way of successive contingent interests. But recently, at least seventeen jurisdictions in the United States have enacted statutes abolishing the Rule in the case of perpetual (or near-perpetual) trusts. The prime mover behind this important development has been the federal Generation-Skipping Transfer Tax. This Article traces the gradual decline of the common law Rule against Perpetuities, considers the dynamics behind the recent wave of state legislation, examines the problems that might result from the rise …
Property--Right Of Re-Entry--Descent And Alienability, John R. Frazier
Property--Right Of Re-Entry--Descent And Alienability, John R. Frazier
West Virginia Law Review
No abstract provided.
Property--Fee Simple Determinables--Distinguishing Characteristics, James Alan Harris
Property--Fee Simple Determinables--Distinguishing Characteristics, James Alan Harris
West Virginia Law Review
No abstract provided.
Retroactive Legislation Affecting Interests In Land, John Scurlock
Retroactive Legislation Affecting Interests In Land, John Scurlock
Michigan Legal Studies Series
Professor Scurlock's monograph covers an area of the law which is commonly by-passed in treatises and in classroom instruction. If we could merely tear Maitland's "seamless web" of the law and retain all the shreds, no part of the legal system would escape us. What we actually do, however, is to set up, in a more or less arbitrary fashion, numerous centers of legal classification, such as contracts, torts, property and constitutional law, to which closely related legal materials are attracted as to a magnet. But those legal materials which stand midway between two centers of attraction are likely to …
Kentucky Decisions On Future Interests (1938-1953), W. Lewis Roberts
Kentucky Decisions On Future Interests (1938-1953), W. Lewis Roberts
Kentucky Law Journal
No abstract provided.
Virtual Representation Of Holders Of Future Interests In Actions Involving Titles In Kentucky, Bertel M. Sparks
Virtual Representation Of Holders Of Future Interests In Actions Involving Titles In Kentucky, Bertel M. Sparks
Kentucky Law Journal
No abstract provided.
Perpetuity Statutes, Edwin C. Goddard
Perpetuity Statutes, Edwin C. Goddard
Articles
THE common law of perpetuities is one of the most interesting examples of almost pure judicial legislation. De Donis, The Statutes of Uses and of Wills, but gave wider scope to the development by the courts of rules of law to thwart the attempt of the great landowners to tie up their landed estates in their families in perpetuity. One body of rules to this end limited restraints upon alienation, another the creation of future interests vesting at too remote a period. Restriction of restraints upon alienation, and the rule against perpetuities, these two were developed for the same end, …