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Journal article

Transplantation and mutation in Anglo-American trust law

Abstract:

In the early nineteenth century, authoritative treatise writers such as James Kent and Joseph Story represented Anglo-American trust law as a seamless web. But the transplantation of trust law from England to America was not a simple process of adherence. Rather, American courts and legislatures came to discard fundamental English trust doctrines. Restraints on anticipation and on alienation were embraced, and in key state jurisdictions bare trusts were abolished, or else displaced from the c...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.2202/1565-3404.1220

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author
Publisher:
De Gruyter Publisher's website
Journal:
Theoretical Inquiries in Law Journal website
Volume:
10
Issue:
2
Pages:
355–387
Publication date:
2009-07-01
DOI:
EISSN:
1565-3404
Source identifiers:
479723
Pubs id:
pubs:479723
UUID:
uuid:36bf302f-6320-46d9-8d36-7a405675e954
Local pid:
pubs:479723
Deposit date:
2014-08-17

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