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Deputy Commissary's Guide within the Province of Maryland, 1774
Volume 139, Page 238   View pdf image (33K)
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238        APPENDIX.

being strongly expressed by Burn, in his ecclesiastical
law, I beg leave to recite that paragraph:
his words are these " precedents of long intails,
and remainders, and contingencies, and
limitations are here purposely omitted; not only
because they are above the author's skill, (for
this he could have supplied from books of acknowledged
reputation) but also and chiefly because
they ought to be drawn pro re nata, and
by the advice of counsel learned in the law.
For although the law favours wills, yet it is
when wills favour the law.  The common
law abhors a perpetuity; and the reason is, because
if one person might indeseisibly limit his
estate, so also might another, and consequently
by the same rule the present generation might
dispose of all the lands in the kingdom for
ever; which would be full of intolerable inconvenience:
and therefore the law interferes, and
herein checks the vanity and pride of man.
And whoever shall examine the reports of cases
adjudged in the high courts of chancery, will
observe that scarcely any thing creates to the
courts of equity so much trouble, as long intails,
vainly imagined to perpetuate names and
families; which although generally drawn by
the ablest advice, yet always meets with discouragement
and contradiction.  For they are
struggles against the bent and inclination of the



 
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Deputy Commissary's Guide within the Province of Maryland, 1774
Volume 139, Page 238   View pdf image (33K)
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