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PREFACE

TO THE FIRST EDITION.

An American book upon the subject of Trusts has long been needed by the profession. At the solicitation of too partial friends, the writer was induced to undertake its preparation. The result is now given to the public.

The writer of a law-book would be inexcusable if he failed to use all the materials at his command, which could in any way enable him to state and illustrate the law. The treatises and opinions of eminent writers, as well as the reports of the decisions and opinions of judges, must all be studied and mastered. And where the book is intended for the daily use of the lawyer in busy practice, it must contain a notice and citation of the latest cases and authorities. To this end all the treatises and essays, as well as the reported decisions, upon the subject, have been used.

In addition to the original opinions of judges contained in the Reports, the excellent treatise on the Law of Trustees, by Mr. Hill, and the notes and commentaries of the learned American editors, have been carefully considered upon all the subjects treated by them.

The most complete work upon the Law of Trusts is the fifth edition of Mr. Lewin's Treatise. This work, first printed more than thirty years ago, has received

in its various editions the most careful emendations, corrections, and additions by its author, until in the last edition it has grown into a remarkably full and clear exposition of the Law of Trusts, as administered in England.

It has been the constant object of the writer to cover all the ground embraced by the treatises of Mr. Lewin and Mr. Hill, so far as the same is important to the American lawyer; and, in addition, to include such other subjects and matters, relating to the Law of Trusts, not treated fully in those works, as are useful and necessary in American practice.

Perhaps the accumulation of authorities upon the many topics discussed

may call for some explanation. A large and increasing number of States and courts are yearly sending out a great number of volumes of Reports. Few lawyers can have access to the whole number, but all desire to see the cases in their own State Reports bearing upon each proposition of the text. It has therefore been the aim of the writer to cite the cases in all the States, although the citation of a few leading cases is always sufficient to sustain an elemen. tary proposition. He cannot hope that he has cited all the cases upon

the

many matters treated; but it has been his purpose to do so, and this has caused an accumulation of cases which to some may seem unnecessary.

Conscious of defects in the execution of his work, he trusts that a liberal profession will rather consider how much of a difficult task has been accomplished, than how much has been omitted or imperfectly done.

The writer cannot send this book forth to the public without acknowledging the constant kindness and encouragement which he has received from his friends during the labor of its composition; and it is his espe

cial duty and pleasure to acknowledge his obligations to his friend and associate in business for nearly twenty years, WILLIAM CROWNINSHIELD ENDICOTT, Esquire, whose sound learning and clear judgment have been a never failing resource in matters of doubt and difficulty, and whose refined and severe taste has been freely employed in pruning redundancies and softening asperities of manner and style.

SALEM, Mass., Nov., 1871.

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