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Property Law and Real Estate

Future interests

1953

Vanderbilt Law Review

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Real Property, Herman L. Trautman Aug 1953

Real Property, Herman L. Trautman

Vanderbilt Law Review

The Tennessee cases in the fields of Real Property and Future Interests have been quite abundant during the period' covered by this Survey. Because of the number of cases and the very interesting and novel problems presented in some of them, and because the scope of the law of Future Interests includes cases which involve Wills and Personal Property as well as Real Property, it is believed that the reader will find it more feasible to consider the Future Interest cases in a separate article appearing in this Survey. Therefore, notwithstanding some overlapping, the emphasis of this article will be …


Future Interests, Herman L. Trautman Aug 1953

Future Interests, Herman L. Trautman

Vanderbilt Law Review

There were five cases in the field of Future Interests during the period' covered by this Survey. They were all decided by the Supreme Court of Tennessee. From the standpoint of doctrinal development, Mountain City Missionary Baptist Church v. Wagner, involving the relation of the possibility of reverter to the Rule against Perpetuities, was probably the most significant, although the point determined had perhaps been assumed previously in Tennessee. Pope v. Alexander drew a neat distinction between a trust for a "public" cemetery and a trust for a "private" cemetery with respect to the Rule against Perpetuities. A plausible suggestion …