By There O'Donnell, Anthony O'Donnell, Richard Johnstone
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15 See Anderson, above n 12. 16 See, for example, Neave, MA, Rossiter, CJ, Stone, MA, Property Law: Cases and Materials, 5th edn, 1994, p 222ff, Sydney: Butterworths. 17 Ibid, 224. 18 Ibid, 225, citing Frencher, ‘Uses of Uses’ (1969) 34 Missouri Law Review 39, 45. 19 Spring, E, ‘The Heiress-at-Law: English Real Property Law from a New Point of View’ (1990) 8 (2) Law and History Review 273, 274. 26 Equity Spring argues that in 13th century England, these common law provisions were not insignificant in impact: 20 [D]espite the well-known generalisation that the common law sent estates to eldest sons, when examined it is found that in the norm of a stationary population, the common law would send 25% of estates to women.
Likewise, the Statute of Wills, which gave a large power of testamentary disposition, signalled ‘the victory of younger children. 23 (b) Charities To be considered ‘charitable’ at law, a trust must be for the benefit of the public; that is, for ‘public’ not ‘private’ purposes. In the Statute of Uses 1601, no specific mention was made of trusts for religious purposes (except for the repair of churches, inserted between the repair of causeways and seabanks). Yet it would be wrong, argues Michael Blakeney, to think that the 1601 legislation __________________________________________________________________________________________________________________________________________ 20 21 22 23 Ibid, 276.
Few bank managers have __________________________________________________________________________________________________________________________________________ 42 Consumer Credit Legal Service (Vic), Annual Report 1994–95. 43 Commonwealth of Australia. House of Representatives Standing Committee on Finance and Public Administration, Inquiry into the Australian Banking Industry: Submissions S1625–26. 32 Equity accepted that it is their responsibility to ensure that guarantors enter the relationship fully informed of the risks and burdens they are taking on.