From Here to Eternity? Property And The Dead Hand

In this groundbreaking book, Professor Chester examines dead hand control of property by decedents and how this phenomenon has changed form over the centuries, with particular emphasis on the period beginning with the 1980s. Although there is something essentially human about the desire to control the use of one s property after death, modern American dead hand control is both less personal and more far reaching than in the past; in addition, it tells us much about the society we inhabit. Whereas aristocracies were perpetuated in England by restrictions on land that often hindered freedom of bequest, in the modern United States the unleashing of this freedom by law has allowed estate planners to establish for the wealthy elaborate plans that themselves may create and perpetuate aristocracy. Since dead hand control of property will always be with us in some form, exercising it through a charity of one s choosing may best satisfy both this human need and the needs of society in general. Thus, the use of great fortunes primarily for charitable endeavors may provide a compelling antidote to the early 21st century American emphasis on dynasty and greed.