In his forthcoming article, Professor Mark Glover explores why we in the United States generally allow a benefactor—a donor, settlor or testator—broad freedom of disposition over his property. Rationales traditionally offered are that we each have the natural right to distribute our own property as we determine and, pragmatically, that most of us expect and want the freedom to do so. Prof. Glover suggests providing that freedom of disposition maximizes social welfare and,
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