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The Testamentary Foundations Of Commercial Arbitration, Peter B. Rutledge

Scholarly Works

This Article offers the first systematic treatment of the relationship between commercial arbitration and testamentary arbitration. (By testamentary arbitration, I mean an arbitration clause contained in a will requiring beneficiaries to resolve differences over the estate by means of an enforceable decision by a private party rather than judicial resolution in a probate court.) Recent scholarship and jurisprudence have questioned the enforceability of these arrangements as incompatible with the requirement of a written "agreement" between parties to the arbitration. Contrary to these views, close examination of the historical record of testamentary arbitration leading to the Federal Arbitration Act's enactment reveals …

A Treatise On The Law Of Executors, Administrators, And Guardians, William M. Reese

Historical Treatises

From the preface:

On account of the many changes made in the Laws of Georgia relating to Executors, Administrators and Guardians, and on account of the codification of the same, I have, upon the request of many valued friends, prepared this work. It might be styled a third edition of the Manual for Ordinaries, Executors, Administrators and Guardians, in the State of Georgia; yet, as this work is of more than a local application, I have changed the title of it, following the example of Redfield, Smith, North, and others. In the citation of Sections of Code, I have followed …