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Estates and Trusts

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Santa Clara Law

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Full-Text Articles in Law

Ethical View Of Testamentary Rights Vs. The California Law, John Burnett Jan 1926

Ethical View Of Testamentary Rights Vs. The California Law, John Burnett

Student Theses

The right to make a will is essentially a property right. The entity with which a will is concerned is the testator's property and there is a very close relation between the right to acquire property when alive and the right to say who will get one 's property when one is gone.
Seeing, therefore, that wills and property are so closely allied, in order to better understand the ethical view of testaments and testamentary rights , it would be well to give a brief resume of the ethical view of property and property rights.


Modern Phases Of The Rule Against Perpetuities And Restraints Upon Alienation Applied To Entrusted Properties In The State Of California, Adolph Canelo Jan 1916

Modern Phases Of The Rule Against Perpetuities And Restraints Upon Alienation Applied To Entrusted Properties In The State Of California, Adolph Canelo

Student Theses

There is perhaps no legal subject more interesting nor important in the sphere of trust activity than the so-called "Rule against Perpetuities". This rule is colorful in its historical antecedents, and in its present form, as part and parcel of the common law, is the creature of necessity evolved to prevent property owners from placing their property perpetually beyond the reach of their descendants, or other beneficiaries. The doctrine compromises the conflict between those on the one hand who have amassed property, and who ftesire that the succeeding generations might enjoy the use and benefit thereof without possibility of the …