Northern Nut Growers Association Report of the Proceedings at the 43rd Annual Meeting: Rockport, Indiana, August 25, 26 and 27, 1952
Science
Northern Nut Growers Association Report of the Proceedings at the 43rd Annual Meeting: Rockport, Indiana, August 25, 26 and 27, 1952
Northern Nut Growers Association -- Periodicals; Nut trees -- Periodicals; Nuts -- Periodicals
Each of these situations requires research under your own state laws. I
had hoped to be able to tell you something definite and precise as to
each situation, but when I considered the membership in the Northern Nut
Growers, the many states it covers and the great difference in the state
laws, it's just impossible to lay your hand upon one set of facts that
governs. You should consult your attorney who is dealing with your
transactions and tell him specifically what you have in mind and what
you want to protect. He will know whether your state recognizes
covenants running with your land and what provision can be made to
protect trees that you want to save or secure damages.
Remember, in any transaction, if it is not in the written instrument
that you sign, it's just an oral agreement that you make on the side,
and it doesn't mean a thing. It has to be in the paper that you sign.
As I mentioned briefly, in what they call "eminent domain", the state
has a right to take property for public use. The only thing you can do
there is just get your head square and fight, and if you are stubborn
enough, you may find someone in the organization that you are dealing
with who has some interest in trees. They may not be members of the
Northern Nut Growers Association or any tree association, but there are
some people who appreciate trees and who do realize how long it takes to
have a nice pecan tree or nice hickory nut tree growing.
If they call you contrary, that you won't give in to anything, let them
call you contrary, let them call you nuts, but you can protect your
trees and make sure that their future is secure.
What will happen to your trees after you are dead? Each individual's
situation has to be considered separately. In many states you can
provide by will to whom you want your nut planting to go, or you can, by
making a trust, give the trees to trustees with certain powers and
duties to care for and manage them for a period of time or perpetually,
depending on the laws of your state. Usually it is limited to the life
of some person or 21 years. In that length of time if your heirs or the
person you desire these trees to go to have not educated themselves to
the value of the tree, then the planting will be lost anyway.
In all of these cases and all the transactions that you make, if you
value your trees--and you surely do when you will carry water for them
and plant them and dig that large hole for those roots--it is worth
while to look after them during the trees' lifetime, not your own
lifetime. And if you will consult with your attorney, particularly
mention those trees to him and just exactly what your ideas are, I think
you will be assured that you will have a future for nut trees.
PRESIDENT MacDANIELS: Thank you, Mr. Sonnemann.
Are there any questions you wish to ask on this subject. Here is a
chance to get free legal advice on the spot. That's unusual.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account