Select Cases and Other Authorities on the Law of Property Volume 5
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Select Cases and Other Authorities on the Law of Property Volume 4
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Select Cases and Other Authorities on the Law of Property Volume 1
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Select Cases and Other Authorities on the Law of Property Volume 2
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Select Cases and Other Authorities on the Law of Property Volume 3
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Future Interests and Illegal Conditions and Restraints, by Albert M. Kales
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John Chipman Gray was an American lawyer, author, educationalist. He was an American scholar of property law and professor at Harvard Law School.
Background
John Chipman Gray was born on July 14, 1839, at Brighton, then a suburb of Boston, Massachusets. He was the grandson of Lieut. -Gov. William Gray, a merchant, and ship-owner of Salem, Lynn, and Boston, and the son of Horace Gray of Boston, also a merchant. His mother was Sarah Russell Gardner, the daughter of Samuel Pickering Gardner.
Education
After attending the Boston Latin School, Gray proceeded to Harvard College where he graduated in 1859, fifth in his class. He then entered the Harvard Law School, graduated LL. B. in 1861, and continued his studies there until January 1862, when he entered the law office of Peleg W. Chandler. On September 18, 1862, he was admitted to the Suffolk County bar.
Career
Gray was commissioned second lieutenant in the 41st Massachusetts Volunteer Infantry, October 7, 1862. Placed on the staff of Brig. - Gen. Gordon at Harper’s Ferry, he served for a year in that capacity with the Army of the Potomac and in the Peninsular campaign.
In 1863, he became assistant adjutant-general, assistant judge-advocate and secretary to Gordon. In July 1864, he was appointed judge advocate with the rank of major on the staff of Gen. Foster and later served in the same capacity on the staff of Gen. Gillmore, commanding the Department of the South.
On the termination of the war, he returned to Boston and commenced practice there in partnership with John C. Ropes. In 1866, he assisted in the founding of the American Law Review and in conjunction with Ropes edited the first four volumes (1866 - 70).
Appointed a lecturer in the Harvard Law School, December 4, 1869, he retained this position by successive reappointments till March 18, 1875, when he became Story Professor of Law.
On November 12, 1883, he was transferred to the Royall Professorship of Law, a place which he held for twenty-nine years, resigning February 1, 1913. He had been for nearly forty years a member of the faculty and on his retirement was appointed Royall Professor Emeritus.
He had on more than one occasion been offered a judgeship, but always declined to sever his connection with the law school. Gray’s tenure of office coincided with the rise and development of the modern system of legal education and the substitution of the case system for the formal lecture course.
Gray continued to practice law throughout his connection with the law school by special arrangement with the governing body. He believed that by maintaining contact with actual legal business and litigation he would be a more efficient teacher.
Associated with John C. Ropes and subsequently with Judge Loring, his firm enjoyed an extensive practice, but he confined his attention to consultations, opinions, and appellant court briefs, his temperament not being suited to jury litigation.
He was frequently retained in important contests beyond the confines of Massachusetts, one of which was a suit relative to the will of Benjamin Franklin.
Since his cases dealt largely with real property, charitable trusts, and quasi-public educational corporations, they were never of a sensational order, and the public, in general, knew little of his supreme legal attainments.
In 1908-09, as Carpentier Lecturer at the Columbia School of Law, he delivered a course of lectures published in 1909 as The Nature and Sources of the Law.
The work immediately attracted attention by reason of the attractive manner in which Gray had discussed problems of analytical jurisprudence and had contributed new lights on the threadbare subject of sovereignty.
He also wrote articles for various legal periodicals and assisted Albert G. Browne as a reporter of the decisions of the supreme judicial court contained in the Massachusetts Reports.
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Politics
Gray was a strong supporter of the Union.
Views
Gray was not a pioneer in adopting the new method; for some years, he adhered to the time-honored practice of following carefully prepared lectures, but later, on becoming convinced of the superior advantages of discussing only case law in class, he completely changed his method, identified himself whole-heartedly with the new movement, and became its most brilliant exponent.
At first, his range of subjects was wide, including bankruptcy, federal court procedure, evidence, conflict of laws, and property, and later, for a short time, constitutional law.
In course of time, however, he confined himself to the law of property, particularly real property, on which subject he became the foremost authority in the United States.
Personality
As a teacher, Gray was never pedantic or abstruse but always sought to place himself on a level with his students, a task which his clarity of thought and simplicity of speech rendered easy.
Gray's elder half-brother, Horace, was chief justice of the supreme judicial court of Massachusetts and later associate justice of the United States Supreme Court.
Gray’s correspondence with his family and friends during the Civil War has been edited by Worthington Chauncey Ford under the title War Letters, 1862-65, of John Chipman and John Codrnan Ropes (1927).
Connections
On June 4, 1873, Gray was married to Anna Sophia Lyman Mason, the daughter of Rev. Charles Mason, rector of Grace Church, Boston, and granddaughter of Jeremiah Mason.