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TENTATIVE DRAFT 5, QUESTIONS SUGGESTED FOR DISC. [i] (May 10-12, 1934)

handle is hein.ali/relwprpty0220 and id is 1 raw text is: The American Law Institute
PROPERTY TENTATIVE DRAFT No. 5
Questions Suggested for Discussion at
Twelfth Annual Meeting
May 10-12, 1934
Discussion is not confined to the questions pre-
sented here. You are earnestly requested to raise any
further points which occur to you.
1. Section 214.
Is the power of the creator or a future interest to
exclude the owner of such interest from maintaining
partition, correctly stated? See Explanatory Note,
page 212.
2. Section 216.
Is any member of the Institute familiar with any
case or authority allowing the owvner of a future inter-
est to compel partition in a case not included within
the language of this Section? Similarly, does any mem-
ber of the Institute know a case or authority denying
partition when the circums.tances prerequisite under
the principle stated in this Section are satisfied?
3. Section 220.
Is the statement of the power of equity formulated
in this Section as broad as it can properly be made?
4. Section 222, Comment d.
Is it agreed that the rule formulated in this Com-
ment is sound? Compare Explanatory Note, page 219
and § 224, Comment b.