Charles Fearne
Encyclopedia
Charles Fearne was an English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

 jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...

.

The son of Charles Fearne, judge-advocate of the admiralty
Admiralty
The Admiralty was formerly the authority in the Kingdom of England, and later in the United Kingdom, responsible for the command of the Royal Navy...

, he was born in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...

, and was educated at Westminster School
Westminster School
The Royal College of St. Peter in Westminster, almost always known as Westminster School, is one of Britain's leading independent schools, with the highest Oxford and Cambridge acceptance rate of any secondary school or college in Britain...

. His 1772 work, "Essay on the Learning of Contingent Remainders and Executory Devices", is deemed to have done "more than any other to preserve the Rule in Shelley's Case
Rule in Shelley's Case
The Rule in Shelley's Case is a rule of law that may apply to certain future interests in real property and trusts created in common law jurisdictions...

 as black letter law (as distinguished from a rule of construction)."

Fearn adopted the legal profession, but, though well-fitted by his talents to succeed as a barrister, he neglected his profession and devoted most of his attention and his patrimony to the prosecution of scientific experiments, with the vain hope of achieving discoveries which would reward him for his pains and expense. His Essay on the Learning of Contingent Remainders and Executory Devises, the work which has made his reputation as a legal authority, and which has passed through numerous editions, was called forth by a decision of Lord Mansfield in the case of Perrin v. Blake, and had the effect of reversing that decision.

He died in 1794, leaving his widow and family in necessitous circumstances. A volume entitled Fearne's Posthumous Works was published by subscription in 1797 for the benefit of his widow.

Further reading

  • Fearne, Charles. The posthumous works of Charles Fearne, Esquire, barrister at law : consisting of a reading of the statute of inrolments, arguments in the singular case of General Stanwix, and a collection of cases and opinions, compiled by Thomas Mitchell Shadwell, London: A. Strahan for J. Butterworth, 1797.


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