The Academics Are Just Plain Wrong: The Trust Is Not a Contract

Charles E. Rounds, Jr.
Contact

Since the 1960s, the trust has been under attack on two fronts in the American law school. First, the traditional Trusts course has been down-graded to elective status, a misguided curricular “reform” that Charles E. Rounds, Jr. discusses elsewhere. See this posting’s “Related Documents” section below. Second, certain influential law academics have taken to asserting that the trust is merely a contract. They are wrong: The trust relationship is sui generis; it belongs in its own pigeon hole. In Loring and Rounds: A Trustee’s Handbook § 8.22 (2012) [Wolters Kluwer]), Charles E. Rounds, Jr. explains why the law is too subtle and nuanced to accommodate such a simplistic notion. The main focus of the Handbook, which was first published in 1898, however, is not legal education but the rights, duties and obligations of trustees and their beneficiaries, both from the theoretical and practical perspectives. The 2012 edition, due out in December of 2011, will be a fully-integrated, flexible-covered bound volume of well over 1500 pages. [http://www.aspenpublishers.com/Product.asp?catalog_name=Aspen&product_id=1454813296&promoID=ER04&cookie%5Ftest=1]. It replaces the Handbook’s bulky ring binder platform, a recent innovation that contemplated yearly supplementation. The Handbook’s aforementioned § 8.22 is reprinted below in its entirety.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Charles E. Rounds, Jr., Suffolk University Law School | Attorney Advertising

Written by:

Charles E. Rounds, Jr.
Contact
more
less

Suffolk University Law School on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.