Author : J. G. Woerner
Publisher : Forgotten Books
Page : 784 pages
File Size : 22,92 MB
Release : 2017-09-17
Category : Law
ISBN : 9781528375306
Excerpt from Treatise on the American Law of Administration, Vol. 1 of 2 English writers looked upon as an encroachment by the Church, and which common law courts jealously resented. The origin of distinct courts with probate powers in America cannot, certainly, be ascribed to such a cause, since ecclesiastical tribunals never possessed secular powers in this country. The reason is found in the nature of property, which requires for its control, after the owner's death, tribunals with functions different from those of courts adjusting property rights between litigants sui juris. Again, it is well known that the common law is shaped in many particulars by the feudal principles introduced by the Conqueror, while in America, at least since the Revolution, the feudal tenure has never been recognized, and feudal theories are therefore in applicable here. It is obvious, then, that property means quite a different thing at common law, as modelled on feudal principles, from property in the sense of modern statutes, whether English or American, and that the construction of such a statute from the common law point of view would be liable to lead to error and inconsistency. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.