RESTRAINTS ON ALIENATION OF LEGAL INTERESTS IN MICHIGAN PROPERTY: III

Authors

William F. Fratcher, University of MissouriFollow

Abstract

In England the impossibility of inter vivos creation of interests in expectancy in chattels and the unsuitability for the purpose of the devices of bailment and contract have tended to restrict attempts to restrain the alienation of chattels to the trust device and provisions in wills for forfeiture on alienation. The trust device involves equitable interests, which are beyond the scope of this study. In connection with a bequest of the use and occupation of chattels for life or a term of years the English courts would probably sustain the validity of a provision for forfeiture on alienation by way of executory bequest to another. They have held such a provision void when attached to a bequest of the general property in chattels. As to testamentary restraints, then, the English law of chattels appears to follow that of land.

Recommended Citation

William F. Fratcher, RESTRAINTS ON ALIENATION OF LEGAL INTERESTS IN MICHIGAN PROPERTY: III, 50 Mich. L. Rev. 1017 (1952).
Available at: https://repository.law.umich.edu/mlr/vol50/iss7/4