Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
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 …
Legislative Suggestions: Needed Property Legislation In Wisconsin, Carl B. Rix
Legislative Suggestions: Needed Property Legislation In Wisconsin, Carl B. Rix
Marquette Law Review
No abstract provided.
Taking Of Equitable Easements For Public Use, Edgar N. Durfee
Taking Of Equitable Easements For Public Use, Edgar N. Durfee
Articles
The case of Flynn v. New York &c Railway Co., decided by the Court of Appeals of New York in April last, involves the right of an owner of land to which is appurtenant a so-called equitable easement, arising under a covenant restricting the use of other land, to compensation upon the taking of the servient land for a public use inconsistent with the restriction. A tract of land was laid out in accordance with a plan, and all, lots therein were sold and conveyed by deeds containing covenants, inter alia, that, "No building or structure for any business purpose …
Rule Against Perpetuities As Applied To Options, John R. Rood
Rule Against Perpetuities As Applied To Options, John R. Rood
Articles
Does the rule against perpetuities render unlimited options void? This is a question which the English courts answered affirmatively some thirty-five years ago; new aspects of the question have been frequently presented to those courts since that time, and conclusions not easy to reconcile have been reached. It is believed that the present status of the law in England is that an option is like any other interest in land, void if it may arise at too remote a time, otherwise not. This conclusion is based on the decision in Borland's Trustees v. Steel Bros. & Co. [1901] 1 Ch. …
Estates In Fee Tail, Ralph W. Aigler
Estates In Fee Tail, Ralph W. Aigler
Articles
Quite generally estates in fee tail under the Statute de Donis were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied.