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Historical Research Series

Equity and the Trust: A Doctrinal History

From the use to the modern trust, with attention to the offices of equity.

Research MonographForthcomingMMXXVI

§ I

Bibliographic Record

Metadata.

Series
Historical Research Series
Volume
Monograph No. 2
Edition
First Edition
Publication Date
MMXXVI
Document Type
Research Monograph
Status
Forthcoming
Authors
Faculty of the School of Trust Law & Fiduciary Administration
ISBN
978-1-959000-11-6
Permanent Identifier
equity-and-the-trust
Subjects
Legal history · Equity · Trusts
Keywords
Legal history, Equity, Trusts

§ II

Abstract

On the scope of the work.

A doctrinal history of the trust, traced from the medieval use through the Statute of Uses to the modern law of express trusts under the Uniform Trust Code.

§ III

Editorial Description

On the structure of the volume.

The monograph treats the trust as a creature of equity whose modern statutory expression cannot be read without its history.

Part I addresses the medieval use, the offices of the chancellor, and the development of conscience as a working jurisdiction.

Part II reads the Statute of Uses and its limits, and follows the use that escapes the statute into the modern trust.

Part III treats the codification movement of the late twentieth century, culminating in the Uniform Trust Code, and asks what equity retains when its rules are written down.

§ IV

Series

Historical Research Series

Research monographs in legal history and doctrinal development — how a rule came to be what it is.

Historical monographs are sourced to the period record: session laws, court reports, treatises, and contemporary commentary.

§ VII

Preferred Citation

On citing this work.

Faculty of the School of Trust Law, Equity and the Trust: A Doctrinal History, Real Law Society Historical Research Series Monograph No. 2 (1st ed. MMXXVI).

§ VIII

Editorial Notes

On revision and review.

Prior editions of this work, where any, are retained in the institutional archive of the Society. Citations in the present edition have been verified against the controlling source as of the date of publication.

The work was reviewed by faculty of the relevant School before issue and is subject to revision as the governing instruments change. The Press accepts no instruction from outside the institution.

Historical Research SeriesMonograph No. 2Edition · First Edition

Real Law Society Press

Return to the catalogue.

The publications of the Press are issued under the imprint of the institution and reviewed by faculty before they enter the catalogue.

The Real Law Society · Est. MMXXVRead Law. Not Lore.Vol. I — Folio I