4 ms·

Related, I remember reading that Jefferson worked hard to prevent inheritance in fee tail from becoming established in our republic.

wahern 9y ago
Related? http://teachingamericanhistory.org/library/document/bill-for-abolition-of-entails/ http://teachingamericanhistory.org/library/document/bill-for... In the current political climate I wonder if fee tail could be brought back. The predominate opinion among economists and, especially, legal scholars on the far right seems to be in favor of removing any and all limitations on the enforceability of contracts and trusts, and I could see the far right in many states embrace a return of fee tail as it would be easy sell to their political base as a way to preserve property in the family.
- dragonwriter 9y ago
  > In the current political climate I wonder if fee tail could be brought back Unwinding capitalism as overly progressive and retreating to feudalism seems entirely in line with the politics of the present US ruling faction, and bringing back fee tail would be a natural step toward that.
  - r00fus 9y ago
    Feudalism or fascism? Nationalism? check. Populist? check. Appeals to "good ol days of glory"? Check. https://www.quora.com/What-is-the-difference-between-feudalism-and-fascism https://www.quora.com/What-is-the-difference-between-feudali...
  - fludlight 9y ago
    Much of the world seems to be retreating to feudalism. China seems to be accelerating in this direction and Russia is already there.
- bradleyjg 9y ago
  Land just isn't as important as it used to be. So I doubt you'd see a strong movement to bring back fee tail. On the other hand, IIRC from law school, several states have arleady abolished the rule against perpetutities and allow for perpetual trusts, so long as the trustees have the freedom to invest the trust res as they see fit. In other words, the trust can't be required to hold on to a specific piece of real property, but it can keep principal out of the hands of heirs and only distribute income essentially forever.

wahern 9y ago

Related? http://teachingamericanhistory.org/library/document/bill-for-abolition-of-entails/ http://teachingamericanhistory.org/library/document/bill-for... In the current political climate I wonder if fee tail could be brought back. The predominate opinion among economists and, especially, legal scholars on the far right seems to be in favor of removing any and all limitations on the enforceability of contracts and trusts, and I could see the far right in many states embrace a return of fee tail as it would be easy sell to their political base as a way to preserve property in the family.

dragonwriter 9y ago
> In the current political climate I wonder if fee tail could be brought back Unwinding capitalism as overly progressive and retreating to feudalism seems entirely in line with the politics of the present US ruling faction, and bringing back fee tail would be a natural step toward that.
- r00fus 9y ago
  Feudalism or fascism? Nationalism? check. Populist? check. Appeals to "good ol days of glory"? Check. https://www.quora.com/What-is-the-difference-between-feudalism-and-fascism https://www.quora.com/What-is-the-difference-between-feudali...
- fludlight 9y ago
  Much of the world seems to be retreating to feudalism. China seems to be accelerating in this direction and Russia is already there.
bradleyjg 9y ago
Land just isn't as important as it used to be. So I doubt you'd see a strong movement to bring back fee tail. On the other hand, IIRC from law school, several states have arleady abolished the rule against perpetutities and allow for perpetual trusts, so long as the trustees have the freedom to invest the trust res as they see fit. In other words, the trust can't be required to hold on to a specific piece of real property, but it can keep principal out of the hands of heirs and only distribute income essentially forever.