AUTHORITIES ON THE LAW OF TRUSTS BY AUSTIN WAKEMAN SCOTT PROFESSOR OF LAW IN HARVARD UNIVERSITY LANGDELL HALL, CAMBRIDGE PREFACE IN 1882 Professor James Barr Ames published the first edition of his collection of Cases on Trusts; in 1893 he published a second edition. This book is far more than a mere collection of cases. In its analysis of the subject and in its extensive annotations it has been a notable contribution to legal scholarship. It has frequently been the guide of courts and of legal writers. It has determined the scope of the course on Trusts as it is taught today in the law schools of the United States. More than a quarter of a century, however, has elapsed since the appearance of the second edition of Professor Ames's book. There has been a considerable development of the subject in this time. Certain changes in emphasis and in arrangement have become necessary. The subjects of resulting and constructive trusts, which were not treated in the second edition of Ames's Cases, and the subject of charitable trusts, which was not treated in either edition, are of great importance. In these subjects, and indeed in all the subjects treated herein, there has been during the last twenty-five years a wealth of new material from which to draw. The editor cannot adequately express the great debt that he owes to Professor Ames under whom he had the privilege of studying for three years. Only those who have had the same privilege can realize the extent of that debt. The matter contained in Ames's Cases and also the invaluable MS. notes which Professor Ames was accustomed to take with him to the classroom have been put at the editor's disposal. The editor has reprinted many notes contained in Ames's Cases, as corrected and supplemented by his MS. annotations, chiefly those notes which are of historical interest, or which relate to controverted points. The source of these notes is duly indicated. It is impossible to indicate the extent to which many of the other notes are due to suggestions derived from Professor Ames. For the Form of Trust-Deed in the Appendix, the editor is indebted to his friend, Francis R. Boyd, Esq., of the Massachusetts Bar. LANGDELL HALL, A. W. S. |