UCL Discovery
UCL home » Library Services » Electronic resources » UCL Discovery

Construction and Execution of Trusts in Chancery, c. 1660–1750

Foster, D; (2019) Construction and Execution of Trusts in Chancery, c. 1660–1750. The Journal of Legal History , 40 (3) pp. 270-297. 10.1080/01440365.2019.1657673. Green open access

[thumbnail of Foster_DA Foster 2019 JLH for upload.pdf]
Preview
Text
Foster_DA Foster 2019 JLH for upload.pdf - Accepted Version

Download (555kB) | Preview

Abstract

Relatively little has been written about the detailed workings of the court of chancery after the restoration. Even less is known about the doctrines of the chancery in the eighteenth century. Yet social historians of this period have relied on legal sources to generate a narrative which suggests that the landed classes were instrumental in determining the content of the rules governing family settlements. This article seeks to situate that narrative in the adjudicative context. Through a close textual analysis of the case law, supplemented by archival material, the article argues that, whilst successive chancellors did give voice to the underlying intentions of the settlor (and thus to the estate preservative policies of their class), the settlor’s intention was not the sole prescribing law when construing family settlements.

Type: Article
Title: Construction and Execution of Trusts in Chancery, c. 1660–1750
Open access status: An open access version is available from UCL Discovery
DOI: 10.1080/01440365.2019.1657673
Publisher version: https://doi.org/10.1080/01440365.2019.1657673
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10109797
Downloads since deposit
Loading...
125Downloads
Download activity - last month
Loading...
Download activity - last 12 months
Loading...
Downloads by country - last 12 months
1.United Kingdom
13
2.United States
6
3.China
3
4.Australia
2
5.Nigeria
1
6.Russian Federation
1
7.Iran, Islamic Republic of
1
8.Japan
1
9.New Zealand
1
10.Germany
1

Archive Staff Only

View Item View Item