JB/029/010/002

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Dr. Privé – Brouillon – Succession by Settlement

See Consentement Ch. 3.

Inalienability

by Settlement
I. in person
1. Whether? – in
any case?
2. In what cases
3. For how many
steps?
4. For what length
of time?

Wife's Jointure
after death of
Husband?
2. Wife's separate
maintenance during
life of husband?

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Reasons pro –
1. Precaution against
prodigality
2. Precaution against
disappointment
on the part
of children

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Reasons Contra

1. No more
reason for taking
precaution
against prodigality
in that case
than where the
proprietor comes
into the estate by
any other title.

2. Door open to
fraud of creditors
who will naturally
suppose income to
be equal to expenditure
– and
to be alienable.

Remedy – Register of Settlements.

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Inalienability by Settlement
II. In favour of
factitious Successors.

This a case
of Foundation

Foundations
What objects
they ought to
be allowed to
have –

They ought not
to be considered
as perpetual
against the legislature.

It would be giving
individuals
a power of legislation
greater
than that of the
legislature itself.

Foundations for
exalted indigence
are among the most unexceptionable
instances:
but even these
are bad in as
far as they prevent
recheats
the produce of
which would go
in relief of the
hardest taxes.

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Succession by Settlement – Brouillon – Dr. Privé

Foundations for
defence of particular
opinions to be void
as to defence – good
as to enquiry

Foundations for
enquiry to be good
provisionally – but
liable to be resumed
by government.

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In Wills, conditions
making the legacy an
instrument of power
ought to be void – &
the bequest absolute

Restraining can
Reason every man
is the best judge of
what is best for
himself.

Examples
1. Conditions in restraint
of marriage –
restraining a man
from marrying a particular
woman.

2. Bequest on condition
of marrying a
particular woman.
It should be left either
to the man or to the
woman, leaving them
free to choose whether
they will intermarry.

Conditions leading
to equalization of
fortunes – may be
allowed if not made
the instrument of power
as above.

Identifier: | JB/029/010/002 "JB/" can not be assigned to a declared number type with value 29.
Date_1		Marginal Summary Numbering
Box	029	Main Headings	law in general
Folio number	010	Info in main headings field	dr. prive brouillon - succession by settlement
Image	002	Titles
Category	rudiments sheet (brouillon)	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::l munn [britannia with shield emblem]]]
Marginals		Paper Producer	benjamin constant
Corrections		Paper Produced in Year
Notes public		ID Number	9453
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