The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1882-09-22
COMMUNICATION.
a Law of Entail.

MIR. EDITOR:
The seth section Of the cons iliniion G
Vermont reads: "Thc Legislature slia
regulate entails In snch manner as /
prevent perpctuities."
, In chapter CT, section !, of the revise
statutes, this is So regulated as to prf
vent the cntailing OF real estate IN Vci
mont.
Was this wise act of the trainers r
orr constitution? Would il not hay
been better 10 have amended the ul
English law of entail so rs 10 have re
moved its Objectionable features ant
still have retained the law itself? Tn
trainers of our constitution u'ndonbtcdl
saw how injnriously the cntaling %
large estates in Great Britain ha,
Affected the peoplc-it had made u few
immensely rich while a large majoril'
were very poor. They saw noblcmcl
owning life estates of hundreds of thou
sands of acres intcrmarrying with oihc
families owning life estates of as mucl
more, so their eldest sons, on the deatl
OF their parents, would come into pos
session of life estates formerly owned
by both their father and mother. The,
saw il was only question of time whci
be owned by very few families, AM
they readily saw the evil workings O.
such system, and instead of irving &c
remedy the defects of the old laws OF
entail they threw the whole over as bad
In this think they were unwisc.
There can be no doubt but the Crea-
tor OF all things wisely implanted in the
minds of men laWlable desire 10 pro-
vide for their own household, and when
they should have finished their business
OF lite 10 SO leave their substance for the
use of their offspring, that il should not
be equandcrcd, but descend TO their
family from generation to generation.
Certainly there can be nothing wrong
in having this almost universal desire
gratiied so far as il can he done with
ont injury 10 individuals or the state.
If this is so, why should our constitu-
ton continue TO prohibit the entnilment
of real estate? why not alter our con-
siitution so our citizens can do with
their own as they desire, and let entails
of real estate, with such limitations as
shall prevent the accumulation of large
estates, be Legal? 1t is certain that the
law of entail can be so regulated that
1t would not iniure the state or any of
its citizens, bat be highly beneficial to
both.
Let our constitution be SO altered that
rca' cs'a,c can DC en'ailcd by VIII or
"cco ~ vermont, ana lei the lanu en-
'aiieu ne limited TO 2oo acres III ali cases,
provided the POO acres is worth no more
than 100000, but whenever il becomes
worth more than S200,00 have the pro-
bate court order the entail cut of from
the least valuable portion of the POO
a.'.s' ~ as " icaNo me ua'"",U 800"
no "lolo man .ic sum named aDovc'
a"U "men y. iilei.'i"irlaSc or III any
o'"ei way wv" VI niolc csia'cs lail 10
one person containing together more
than 200 acres or of the value of more
than 500, 900, then make il the dnly of
the probate court 10 order the entail
cut off from the least valuable prop
cry, so as To reduce the cntailed prop
criy to 200 acres, and 10 value moi
exceeding 5000, 900, then our real estate
III Vermont would soon double in
value. Such Limitation OF the entail
as above named would wipe out all OBJ
jcctions to tho entail of real estate in
Vermont.
The advantages which would arise
from permitting a limited entail of real
estate III vermont rs above mentioned,
Wo.aiu DC immense Imuch greater than
d. mn, view Wo'''o seem possible. n
stronger attachment wonld ne formed
unnonS on, pcoPle io' ,neir homes ana
their OLD homesteads, thus preventing
much emigration of valuable citizens
from. our state. which certainly would
DC injurious 10 II. b'i'idl0%s W"ulu nc
erected with more beauty, made for
durability, to last for generations. All
Improvements would he made VITA al
eye 10 their durability and beauty.
when The feeling HAT the next senrr
aa,,,, ,,I..'' -, s'''"i"r ~ i."',""'''
.'"''','''' ~" "'.'" ,"'' ""'' ',"'-
"n! ~ - =" = "'l"'", M,"''' ="
Hn." =" ~ " .,;o, ~ W. ,'S''"s' ''h-
i'.DN o,,""'I '''on ''','''"'' h's never
. a.. ''''' !" ''''s '''.'o ~ WV laws """
lates property, and rs soon us they yet
nicely situated, death takes them and
they leave all for the next generation.
knowing well that The chances are even
for the second generation to spcn all
they have earned and left for them. and
well knowing there is NOT one chance
in twenty for their earnings 10 he saved
by the third generation.
Now !, ,ho eo,uo,o,, ,,fo ,.,,,.,,,,.
estate nemoIIv ono of nL" ol hi 49,, a..
fhc whole Homestead AMI "''r',a, " o',"oa
the other hc;rs ,hc;. shara - r. 49,. r,S
i'm money. Nv en- ,Io;n~ ,ho,. mono.o Iiu
male i;,o-Ionn sia,nr ~ .,ies ."o'"i.y
and their families, trying 10 carry loads
too heavy for them, and loads which
they can find no convenient place to
ana quite oficn IN mldulc lie
break down ana are Obliged to begin
anew; HOW rare II Is now IN this state
10 ma homestead winch has renamed
IN the same family Tor three genera
lions' TINS certainly very nnSa'isiac-
lory. Something seems to be wrong
ABOUT IT; IL Is natural Tor Inc home OF