Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776Reilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776
Reilly, S. A.
Law -- England -- History
The common law of inheritance for land has assumed its final
form with six rules. 1) A living descendant excludes his or her own
descendants. 2) A dead descendant is represented by his or her own
descendants. 3) Males exclude females of equal degree. 4) Among males
of equal degree, only the eldest inherits. 6) The rule that a dead
descendant is represented by his or her descendants overrides the
preference for the male sex. If there were no descendants, the land
escheated to its lord.
By statute, a conveyance of land which is the inheritance of a
minor child by his guardian or lord to another is void.
Dower shall not abate because the widow has received dower of
another man unless part of the first dower received was of the same
tenant and in the same town. But a woman who leaves her husband for
another man is barred from dower.
A tenant for a term of years who has let land from a landlord
shall not let it lie waste, nor shall a landlord attempt to oust a
tenant for a term of years by fictitious recoveries.
When two or more hold wood, turfland, or fishing or other such
thing in common, wherein none knows his several, and one does waste
against the minds of the others, he may be sued.
Lands which are given to a man and his wife upon condition that
if they die without heirs, the land shall revert to the donor or his
heir, may not be alienated to defeat this condition.
If a man takes land in marriage with a wife, and she dies
before him, the land will revert to the donor or his heir, unless the
couple has a child, in which case the husband will have the land by the
courtesy of the nation for his life before it reverts to the donor or
his heir.
Young salmon shall not be taken from waters in the spring.
A free tenant may alienate his land freely, but if the
alienation was for an estate in fee simple [to a man and his heirs,
with a full right of alienation by the man otherwise than on his
death], the person acquiring the land would hold of the land's lord and
not of the person alienating the land. (This halted the growth of
subinfeudation and caused services as well as incidents of aids,
relief, escheat, wardship, and marriage to go directly to the Chief
Lord. It also advantaged the Crown as overlord, which then acquired
more direct tenants.)
Public-domain text, read in full here on John Shaqi.
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