In every generation there are some judicial decisions so revolutionary that any summary of developments in the law, regardless of its author or of its brevity, would include them. Such cases as Erie Railroad v. Tompkins and Williams v. North Carolina will fall into this category no matter who lines up the materials. But such avulsive changes rarely if ever occur in the law of Trusts and Estates; and it is anybody's guess to determine the significant aspects of the day-to-day accretions which actually take place. Thus, the writer has no illusions that he is singling out the trends as one would pick red roses from a bouquet of red and white. Rather he is like the columnist who names the all-American football team and hopes that at least fifty per cent of his nominees will agree with those selected by other self-appointed experts. However, there is one development in the field of Trusts and Estates which does not quite fall into this category. Whatever else one may say, he is certain to regard as outstanding the trend since 1942 in the direction of the releasability of powers of appointment. With this prelude, we shall proceed to summarize as many of the developments in the law of Trusts and Estates as can be contained within the limits of an average law review comment.
Lewis M. Simes,
TRUSTS AND ESTATES-TRENDS IN THE LAW: 1941-1945 (A SERVICE FOR RETURNING VETERANS),
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol44/iss5/10