Harvard Law Review Volume 23

Harvard Law Review Volume 23

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ... use, and that it is doubtful whether it applies to personal property. He also considers an open question whether property appointed under a general power to a volunteer is assets for the payment of the appointor's debts. His comments on the terminology of the decisions, while in the interest of greater exactnes in the law, are at times somewhat hypercritical. He condemns the application of the term "base fee" to the interest acquired by the exercise of the right of eminent domain. But this term was introduced as an analogy only. The interest, of course, is not an estate created by voluntary act of the owner, but is a special statutory interest created by a power of sovereignty paramount to rights of property. It is a group of rights not yet exhaustively enumerated, which does not exactly coincide with any of the estates or interests in the scheme of the common law. The phrase "restraints on enjoyment," employed in the title has the appearance of novelty. The author divides restraints on alienation into three classes: restraints on voluntary alienation, prohibiting the beneficiary from aliening his interest; restraints on involuntary alienation, exempting it from liability for his debts; restraints on enjoyment, postponing his right to demand a conveyance of the principal beyond the period of his majority. And the author, in the arrange ment of his book, enforces this distinction between restraints on alienation and restraints on enjoyment, by inserting between them his treatment of the Rule against Perpetuities. While this threefold distinction does furnish a convenient classification, it is believed that it does not justify substantial diflerences in the law. Each of these three restraints is necessary to...show more

Product details

  • Paperback | 332 pages
  • 189 x 246 x 18mm | 594g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236941047
  • 9781236941046