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.
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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 |
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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 |
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