A Treatise on the Rules against Perpetuities, Restraints on Alienation and Restraints on Enjoyment in Pennsylvania; With a Particular Discussion of Spendthrift Trusts, Married Women's Trusts, Accumulations, and Gifts to Charities [review-book]

H. F. S.
1910 Harvard Law Review  
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more » ... out Early Journal Content at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. BOOK REVIEWS. BOOK REVIEWS. the law, "Your rule is an absurd, an obsolete one." On the contrary it says, "Yes, of course that is so, but it is not the whole truth," for, it goes on, it is true that your friend is the owner but he is bound by one of those obligations known as trusts (pp. 17, 19, Ii2, 130). The method of teaching the modern doctrines of equity is from a practical point of view. Many of the cases cited have arisen since 900o, and everywhere the student's attention is called to the bearing of the statutory changes. "The forms of action we have buried, but they rule us from their graves." In the seven lectures at the end of the book the author shows how the classification of the forms of action have grown and died to make way for a rational classification of causes of action. His theme calls largely for historical consideration, which is delightfully executed. With the present tense he leads us back into the past. Brief treatment and a student audience make necessary wider and more dogmatic generalizations than we find in the History of English Law. Not many qualifications can find a place here; yet the reader is constantly warned by phrases such as "here we hear a hint of," or, "we seem to catch the thought," of the true weight of statements. The style is charming, and the points clearly made. A line or two at the end of a discussion summarizes it in a well-turned phrase. For instance, in his consideration of the distinction between the writ of right and the assize of novel disseisin he ends by saying of the successful plaintiff in the proprietary action, "the court will help him to his own though it has punished him for helping himself" (p. 322). Indeed an admirable method of approaching the greater work of the author and Sir Frederick Pollock is to read first these lectures. In general the treatment of all the subjects is brief. Twenty-one lectures is a narrow space in which to deal even cursorily with trusts, specific performance, and injunctions. Many of the cases have complicated facts, difficult to explain to students who meet them for the first time in the class room. Yet we do not need the preface to assure us how Professor Maitland commended himself to his pupils. Of this the single-mindedness of the editors and their associates in their labor of love, carefully and judiciously performed, is sufficient proof. j. w.
doi:10.2307/1324636 fatcat:z7iumeipivbvvjlft3cizn3b6m