This article examines the reasons for the 360-year longevity of the Ipswich (Mass.) Grammar School trust, which was in force from 1652 to 2012, the longest-running charitable trust in American history. It concludes that the cornerstone of the trust’s longevity was the emphasis of its major...

This article previews some of the author's arguments concerning more effective taxation of intergenerational wealth transmission that were later delineated in his award-winning book "Inheritance, Wealth, and Society (Indiana University Press 1982)". The author uses historical and philosophical...

This Article provides an overview of the draft revision of Uniform Probate Code section 2-108, which was necessary to recognize inheritance rights of posthumously conceived children. The author discusses the challenges encountered in completing the revision

This Article examines the grant of standing to settlors (or grantors) of charitable trusts by section 405(C) of the Uniform Trust Code. The Article argues that grantors should have standing to enforce express, individualized contractual arrangements with the charity that accompanies the gift,...

The author argues that the trend toward allowing and creating long-term trusts necessitates easier modification and termination of these trusts. The author recommends reexamining the principle that modification of a trust that runs counter to the "material purpose" of the settlor is...

The United States is nearly alone among modern nations in allowing parents to disinherit their children. In this essay, the author discusses the testamentary mechanisms in British Columbia that protect children by giving the judiciary power to vary the terms of a will of a testator who did not...

Through a series of oral histories transcribed from interviews with women who entered urban law schools in the 1920's and 1930's, the author examines the pattern of gaining access to the profession exhibited by the majority of early female entrants into the legal profession. Thus, the focal...

The author argues for expanded use of the cy pres power to reform failing charitable organizations. The basic thesis is that once a gift has been put into the charitable realm, every effort should be made to keep it there by use of this power. Thus, the settlor of a charitable trust would keep...

The author critiques the Supreme Court case of Hodel v. Irving which appears to create a constitutional right to transmit property by devise which cannot be taken without just compensation. Applying takings jurisprudence from land use law to the transmission of American Indian lands between...

The author, who serves as Chair of the Real Property, Probate and Trusts Section's Bioethics Committee (American Bar Association) critically analyzes the tests set forth by the Supreme Judicial Court of Massachusetts in allowing intestate succession by posthumously conceived children in certain...