gavelkind


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Related to gavelkind: Ultimogeniture

gavelkind

(găv`əlkīnd) [M.E.,=family tenure], custom of inheritance of lands held in socage tenuretenure,
in law, manner in which property in land is held. The nature of tenure has long been of great importance, both in law and in the broader economic and political context.
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, whereby all the sons of a holder of an estate in land share equally in such lands upon the death of the father. Most of the lands in England were held in gavelkind tenure prior to the Norman Conquest in 1066, and the custom of dividing lands among the male heirs is still preserved in parts of England, notably the county of Kent. This system of inheritance of lands is to be contrasted with borough-Englishborough-English,
a custom of inheritance in parts of England whereby land passed typically to the youngest son in preference to his older brothers. Of Anglo-Saxon origin, the custom was abolished by law in 1925.
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 and primogenitureprimogeniture,
in law, the rule of inheritance whereby land descends to the oldest son. Under the feudal system of medieval Europe, primogeniture generally governed the inheritance of land held in military tenure (see feudalism; knight).
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References in periodicals archive ?
Thus, tanistry and gavelkind were construed by Davies and other English jurists as constituting a system of law which was outside the jurisdiction of royal writ.
Thus, in 1606, by extra-judicial resolution, the customs of tanistry and gavelkind were, in the words of Sir John Davies, Solicitor-General (later Attorney-General) for Ireland, `adjudged to be utterly void in law', with the result that they were to `be shortly avoided and extinguished either by surrender or resumption of all the lands so holden.
According to his work, gavelkind had originally been an indigenous Gaelic landowning practice of "corporate and redivisible proprietorship" (10) first outlawed by the English in 1606, but in the eighteenth century it signifies very differently than it did in Old Irish culture, as part of the penal legislation meant to constrain Catholic landed power.
21) In Kent with gavelkind tenure an inheritance was shared equally amongst all male heirs.
22) At Bexley the yokes of gavelkind land were held by 47 people in 1200 and by 1284 were divided among at least 150 people, F.