Restraints on the Alienation of Property (Classic Reprint) - Couverture souple

Gray, John Chipman

 
9781332819720: Restraints on the Alienation of Property (Classic Reprint)

Synopsis

Explains why restraints on alienation of property matter and how they work in practice. This concise survey examines how economic and legal limits on transfers affect life estates, trusts, and expected income streams. It clarifies the balance between protecting dependents and preserving creditors’ rights, using historical and modern authorities to show real-world outcomes.

From the basics of life estates and fees to the reach of spendthrift provisions, the book lays out the governing principles and the practical consequences for trustees, settlors, and beneficiaries. It also traces how courts and legislatures have treated gifts, settlements, and the rights of creditors across jurisdictions, with careful attention to the rule against remoteness and the policy goals behind these restraints.




  • Key concepts like life estates, fees, and restraints on alienation

  • How trusts and annuities interact with debtors and creditors

  • Historical and statutory developments across multiple states and countries

  • Practical guidance for interpreting and applying restraints in real cases



Ideal for readers of legal history and property law who want a clear, structured overview of when and why restraints on alienation are allowed or rejected.

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Présentation de l'éditeur

In 1876 I shared the surprise, common to many lawyers, at the opinion of the Supreme Court of the United States in the case of Nichols v. Eaton. So I wrote in the Preface to the first edition. Surprise was an inadequate word. The people of the United States have many virtues, but all nations have their failings, and there are passages in the history of every country which it is painful for its citizens to contemplate. In our own history, political and social, the pages from which we most gladly avert our eyes are those which record our shortcomings in the matter of commercial honesty. More than once have we been saved from national repudiation by the integrity and courage of some one man; to save from State repudiation the one righteous man has at times been wanting; and more rehabilitated cheats have lived tolerated, if not honored, in our cities than it is pleasant to think of. If there is one sentiment, therefore, which it would seem to be the part of all in authority, and particularly of all judges, to fortify, it is the duty of keeping ones promises and paying ones debts. Nor could it be said that the highest tribunal in the country had been wanting in this matter.
(Typographical errors above are due to OCR software and don't occur in the book.)

About the Publisher

Forgotten Books is a publisher of historical writings, such as: Philosophy, Classics, Science, Religion, History, Folklore and Mythology.

Forgotten Books' Classic Reprint Series utilizes the latest technology to regenerate facsimiles of historically important writings. Careful attention has been made to accurately preserve the original format of each page whilst digitally enhancing the aged text. Read books online for free at www.forgottenbooks.org

Présentation de l'éditeur

Originally published in 1895. This volume from the Cornell University Library's print collections was scanned on an APT BookScan and converted to JPG 2000 format by Kirtas Technologies. All titles scanned cover to cover and pages may include marks notations and other marginalia present in the original volume.

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