Speculations from Political EconomyClarke, Charles Baron
General
Speculations from Political Economy
Clarke, Charles Baron
Economics
The explanation is known to every lawyer; but I have met with more than
one Member of Parliament who, though blatant about entail, understood no
more about the matter than a chimney-sweep.
The point is that, under English law, the trusts in the case of stock
attach to the trustees, not to the stock; in the case of land, the
trusts attach to the land itself as well as to the trustees. Hence, when
I purchase stock of trustees I need not trouble about how they apply the
purchase money; in the case of land I have to go into the whole title.
A simple illustration. I provide for a daughter £300 a year by putting
£10,000 in the hands of two trustees in the funds. Should the trustees
prove rascals, sell the stock, and decamp with the money, my daughter
will lose everything; the purchaser from the trustees can hold the stock
clear of all charges or liability. But if I provide for my daughter by
charging an estate with £300 a year for her, then however wrongfully
that estate may be sold, mortgaged, or otherwise dealt with, she gets
safely her £300 a year. If the bank B has advanced money on mortgage on
that estate, not knowing the existence of the charge of £300 a year for
my daughter's benefit, the law simply says to the bank, "It was your
business to know; you should have completely investigated the title
before you advanced your money."
It follows, therefore, that if, with a Government Land Registry Office
(say one for each county), you required the purchaser only to get in the
legal estate, _i.e._ holding him not responsible for the trusts or
the application of the purchase money, then land could be transferred
exactly as money in the funds is now, in spite of all the complications
of our law (or rather custom) of entail.
Public-domain text, read in full here on John Shaqi.
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