The Law and Custom of Primogeniture |
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The Law and Custom of Primogeniture George Charles Brodrick,Cobden Club (London,England) No preview available - 2018 |
The Law and Custom of Primogeniture George Charles Brodrick,Cobden Club (London,England) No preview available - 2018 |
Common terms and phrases
acres Adam Smith agricultural Bavaria Code Napoléon common recovery custom of Primogeniture daughters descent devise devolution disentailing divided eldest sons England English Land entail and settlement equal division estate-tail exists family pride family properties father favour fee-simple feudal fortune gavelkind geniture greater heir hereditary inheritance interest intestate labour land system landed aristocracy landed gentry landed property landlord landowners law and custom law of intestacy law of Primogeniture law of succession less life-estates life-tenants Locke King lord majorats male marriage means ment morcellement opinion owner ownership parish peasant perpetuities personalty persons perty political portions possession Primo Primogeni principle proprietorship purchasers re-settlement Real Property realty right of Primogeniture rule against perpetuities rule of succession rural secured settle settlors sion small freeholders small proprietors social social equality soil squire tenant tenant-in-tail tenure Trade in land trustees usually vested vidual whole Wurtemburg younger children younger sons
Popular passages
Page 6 - ... heredes tamen successoresque sui cuique liberi, et nullum testamentum. si liberi non sunt, proximus gradus in possessione fratres, patrui, avunculi.
Page 15 - It may, therefore, be safely affirmed that Primogeniture, as it prevails in England, has not its root in popular sentiment, or in the sentiment of any large class, except the landed aristocracy and those who are struggling to enter its ranks. By the great majority of this class, embracing the whole nobility, the squires of England, the lairds of Scotland, and the Irish gentry of every degree, Primogeniture is accepted almost as a fundamental law of nature, to which the practice of entails only gives...
Page 11 - Children grew disobedient when they knew they could not be set aside: farmers were ousted of their leases made by tenants...
Page 17 - ... merely is given to the husband ; the wife has an allowance for pin-money during the marriage, and a rent-charge or annuity by way of jointure for her life, in case she should survive her husband. Subject to this jointure, and to the payment of such sums as may be agreed on for the portions of the daughters and younger sons of the marriage, the eldest son who may be born of the marriage is made by the settlement tenant-in-tail.
Page 17 - ... father, who is tenant for life, to bar the entail with all the remainders. Dominion is thus again acquired over the property, which dominion is usually exercised in a re-settlement on the next generation ; and thus the property is preserved in the family.
Page 31 - Russia, where the land system has been complicated by political and social distinctions between classes, by serfdom, and by the communal organisation, Mr. Michell reports that local usage regulates the descent of peasant properties. The law of intestacy for the rest of the community is based on equal division, giving males a preference over females. " There is no general law of primogeniture, although, in a few great families, estates have been entailed under a special law passed in the reign of...
Page 26 - It is believed, he continues, that subdivision " conduces to political as well as social order, because, the greater the number of the proprietors, the greater is the guarantee for the respect of property, and the less likely are the masses to nourish revolutionary and subversive designs.
Page 7 - Succession was ab intestate,, and the group consisted of the children of the deceased, they each took an equal share of the property; nor, though males had at one time some advantages over females, is there the faintest trace of Primogeniture. The mode of distribution is the same throughout archaic jurisprudence. It certainly seems that, when civil society begins and families cease to hold...
Page 20 - There is always some angulus iste to be annexed and brought within the park palings or the ring-fence on the first good opportunity ; and scarcely a day passes without some yeoman of ancient lineage being erased from the roll of landowners by the competition of his more powerful neighbour. Not that any tyranny or unfair dealing is involved in this process of aggrandisement, which is the consequence of economical laws quite as simple as that of natural selection in the animal creation. The yeoman...
Page 27 - On the smaller peasant farms, " when, in accordance with the will of the father, one child becomes owner of all the paternal land, an estimate is formed on a footing rather favourable to him, and he compensates the brothers and sisters by equal sums of money. The daughters, however, are more frequently on their marriage allotted an equal share of land ; and, as the husband is probably the proprietor of a piece of land elsewhere in the commune, the intersection and subdivision of the land goes on...