A Letter to Charles Butler Esq On the Doctrine of Presuming a Surrender of Ter
A Letter to Charles Butler Esq On the Doctrine of Presuming a Surrender of Ter
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Sir Edw. Northey's clerk was trustee of near half of the great estates in tl. E kingdom. On his death it was not known who was his heir or relative. So that, where a trust term is a mere matter of form, and the deeds mere muniments of another's estate, it shall not be set up against the real owner. It must excite sur- prise, that Lord Mansfield should have imagined, that any rule, whose tendency it was to subvert what was peculiar to this country, could long subsist whilst the peculiarity itsel...f was allowed to exist. As well might you admit the rule which excludes the half blood ; and yet, in the face of contrary evidence, presume that a brother of the half blood proceeded from the same couple of ancestors as the person last seised. Is the whole system of trusts to be subverted, because some- times an obscure trustee dies without relations ? Or is the legal estate to subsist or not, according to the expense which a reconveyance may occa- sion in any given case ? This doctrine never could stand the test of an accurate investigation, and has long since been overruled.
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To quickly assess the difficulty of the text, read a short excerpt:
Sir Edw. Northey's clerk was trustee of near half of the great estates in tl. E kingdom. On his death it was not known who was his heir or relative. So that, where a trust term is a mere matter of form, and the deeds mere muniments of another's estate, it shall not be set up against the real owner. It must excite sur- prise, that Lord Mansfield should have imagined, that any rule, whose tendency it was to subvert what was peculiar to this country, could long subsist whilst the peculiarity itsel...f was allowed to exist. As well might you admit the rule which excludes the half blood ; and yet, in the face of contrary evidence, presume that a brother of the half blood proceeded from the same couple of ancestors as the person last seised. Is the whole system of trusts to be subverted, because some- times an obscure trustee dies without relations ? Or is the legal estate to subsist or not, according to the expense which a reconveyance may occa- sion in any given case ? This doctrine never could stand the test of an accurate investigation, and has long since been overruled.
What to read after A Letter to Charles Butler Esq On the Doctrine of Presuming a Surrender of Ter?
You can find similar books in the "Read Also" column, or choose other free books by Edward Burtenshaw Sugden to read onlineMoreLess
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