Frederick William Maitland, Downing Professor of the Laws of England: A Biographical SketchFisher, H. A. L. (Herbert Albert Laurens)
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Frederick William Maitland, Downing Professor of the Laws of England: A Biographical Sketch
Fisher, H. A. L. (Herbert Albert Laurens)
Maitland, Frederic William, 1850-1906
By the way--and here I enter your own particular close--I observed
that those New York deeds were careful to confine the trust within
the limits of the perpetuity rule. Is it settled American law that
this is necessary? We explain our _clubs_ by saying that as the whole
equitable ownership is vested in the original members there can be
no talk of perpetuity--and I believe that there are some extremely
important unincorporated companies with transferable shares (formed
before 1862--in particular the London Stock Exchange) which are built
up on this theory: the theory is that the original shareholders were in
equity absolute masters of the land, buildings, etc. Does that commend
itself to you?
There! you see what comes of writing to me! A whole catechism! Please
think no more of it unless a very few words would set my feet in the
straight road.
Most of my time is being given to the Year Books. The first volume is
with the binder.
I often look back with great pleasure to the few hours that you and
Mrs Gray spent with us in Gloucestershire. Would that I could see you
again, but all my journeys have to be to the Canaries.
TO JOHN C. GRAY.
DOWNING COLLEGE,
CAMBRIDGE.
_15 Nov. 1903._
Your very kind letter of the 4th is exactly what I wanted. But surely
there is nothing "odd" in my asking you questions which you of living
men can answer best. It would be odd if I went elsewhere.
The brief in Howe _v._ Morse is extremely interesting. I think that an
English Court would take your view in such a case, but when it comes to
questions about legacies our judges sometimes _say_ things which stray
from the path of rectitude as drawn by Prof. Gray.
I have been trying all this summer to finish an essay designed to
explain to Germans the nature of a trust, and especially the manner
in which the trust enabled us to keep alive all sorts of "bodies"
which were not technically corporate. I am obliged now to flee to
the Canaries leaving this unfinished, for a particularly fraudulent
summer has made me very useless. Some one ought to explain our trust to
the world at large, for I am inclined to think that the construction
thereof is the greatest feat that men of our race have performed in the
field of jurisprudence. Whether I shall be able to do this remains to
be seen--but it ought to be done.
TO LESLIE STEPHEN.
LEON Y CASTILLO 5,
TELDE,
GRAN CANARIA.
_6 Dec. 1903._
Public-domain text, read in full here on John Shaqi.
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