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Partible Succession
Partible inheritance is a system of inheritance in which property is apportioned among heirs. It contrasts in particular with primogeniture, which was common in feudal society and requires that the whole or most of the inheritance passes to the eldest son, and with agnatic seniority, which requires the succession to pass to next senior male. Partible inheritance systems are common ones to be found in legal systems based on both common law and the Napoleonic Code. In the latter case, there may be a further requirement implying division according to a scheme, such as equal shares for legitimate children. Partible inheritance has been common in ancient Celtic and Germanic tribal societies, an example of the latter pattern is the so-called Salic patrimony. Historically speaking, non-partible inheritance has been associated with monarchies and the wish for landed estates to be kept together as units. In the Middle Ages, the partible inheritance systems, for example, of the Merovingi ...
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Inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequest, bequeathing private property and/or debts can be performed by a testator via will (law), will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the decedent, deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( ...
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Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire and transitioned into the Renaissance and the Age of Discovery. The Middle Ages is the middle period of the three traditional divisions of Western history: classical antiquity, the medieval period, and the modern period. The medieval period is itself subdivided into the Early, High, and Late Middle Ages. Population decline, counterurbanisation, the collapse of centralized authority, invasions, and mass migrations of tribes, which had begun in late antiquity, continued into the Early Middle Ages. The large-scale movements of the Migration Period, including various Germanic peoples, formed new kingdoms in what remained of the Western Roman Empire. In the 7th century, North Africa and the Middle East—most recently part of the Eastern Ro ...
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Inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequest, bequeathing private property and/or debts can be performed by a testator via will (law), will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the decedent, deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( ...
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Gavelkind In Ireland
Under Brehon law, gavelkind, a form of partible inheritance, was the system of land inheritance. The Normans called the Irish inheritance law the name ''gavelkind'' because of its apparent similarity to Jute inheritance in Kent. The law Upon the death of a landholder, his land was divided equally among his sons. The sons of concubines, if accepted by the father as being his sons, had the same rights of inheritance as their legitimately-born brothers. The adopted sons of the landholder, if any, could also receive a share of his lands only if the landholder had made specific and public provision before his death, and the extent of land thus received by an adopted son was not necessarily equal to that received by the landholder's own sons. While sons received equal shares of the land, the father often prescribed the division by stating which parcel of land was to go to which son. Another known custom was for the youngest son to divide the land into equal parts and for his brothers to ...
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Gavelkind
Gavelkind () was a system of land tenure chiefly associated with the Celtic law in Ireland and Wales and with the legal traditions of the English county of Kent. The word may have originated from the Old Irish phrases ''Gabhaltas-cinne'' or ''Gavail-kinne'', which meant "family settlement" (Modern Gaelic ''gabhail-cine''). The term came to describe all tenure and inheritance practices where land was divided equally among sons or other heirs. Kent's inheritance pattern was a system of partible inheritance and bears a resemblance to Salic patrimony. As such, it may bear witness to a wider Germanic tradition that was probably ancient. Over the centuries, various acts were passed to disgavel individual manors, but the custom was only fully abolished in England and Wales by the Administration of Estates Act 1925.Elton. The tenures of Kent. ch. XVI – Disgavelled Lands Gavelkind in Kent Before the abolition of gavelkind tenure by the Administration of Estates Act 1925, all land i ...
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Bequest
A bequest is property given by will. Historically, the term ''bequest'' was used for personal property given by will and ''deviser'' for real property. Today, the two words are used interchangeably. The word ''bequeath'' is a verb form for the act of making a bequest. Etymology Bequest comes from Old English ''becwethan'', "to declare or express in words" — cf. "quoth". Interpretations Part of the process of probate involves interpreting the instructions in a will. Some wordings that define the scope of a bequest have specific interpretations. "All the estate I own" would involve all of the decedent's possessions at the moment of death. A ''conditional bequest'' is a bequest that will be granted only if a particular event has occurred by the time of its operation. For example, a testator might write in the will that "Mary will receive the house held in trust if she is married" or "if she has children," etc. An ''executory bequest'' is a bequest that will be granted only if ...
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Intestacy
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance. History and the common law Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be d ...
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Male Primogeniture
Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relative. In most contexts, it means the inheritance of the firstborn son (agnatic primogeniture); it can also mean by the firstborn daughter (matrilineal primogeniture). Description The common definition given is also known as male-line primogeniture, the classical form popular in European jurisdictions among others until into the 20th century. In the absence of male-line offspring, variations were expounded to entitle a daughter or a brother or, in the absence of either, to another collateral relative, in a specified order (e.g. male-preference primogeniture, Salic primogeniture, semi-Salic primogeniture). Variations have tempered the traditional, sole-beneficiary, right (such as French appanage) or, in the West since World War II, eliminate ...
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Kievan Rus
Kievan Rusʹ, also known as Kyivan Rusʹ ( orv, , Rusĭ, or , , ; Old Norse: ''Garðaríki''), was a state in Eastern and Northern Europe from the late 9th to the mid-13th century.John Channon & Robert Hudson, ''Penguin Historical Atlas of Russia'' (Penguin, 1995), p.14–16.Kievan Rus
Encyclopædia Britannica Online.
Encompassing a variety of polities and peoples, including East Slavic, Norse, and Finnic, it was ruled by the , foun ...
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Carolingian Empire
The Carolingian Empire (800–888) was a large Frankish-dominated empire in western and central Europe during the Early Middle Ages. It was ruled by the Carolingian dynasty, which had ruled as kings of the Franks since 751 and as kings of the Lombards in Italy from 774. In 800, the Frankish king Charlemagne was crowned emperor in Rome by Pope Leo III in an effort to transfer the Roman Empire from Byzantine Empire to Europe. The Carolingian Empire is considered the first phase in the history of the Holy Roman Empire. After a civil war (840–843) following the death of Emperor Louis the Pious, the empire was divided into autonomous kingdoms, with one king still recognised as emperor, but with little authority outside his own kingdom. The unity of the empire and the hereditary right of the Carolingians continued to be acknowledged. In 884, Charles the Fat reunited all the Carolingian kingdoms for the last time, but he died in 888 and the empire immediately split up. With the only r ...
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Merovingian Dynasty
The Merovingian dynasty () was the ruling family of the Franks from the middle of the 5th century until 751. They first appear as "Kings of the Franks" in the Roman army of northern Gaul. By 509 they had united all the Franks and northern Gaulish Romans under their rule. They conquered most of Gaul, defeating the Visigoths (507) and the Burgundians (534), and also extended their rule into Raetia (537). In Germania, the Alemanni, Bavarii and Saxons accepted their lordship. The Merovingian realm was the largest and most powerful of the states of western Europe following the breaking up of the empire of Theodoric the Great. The dynastic name, medieval Latin or ("sons of Merovech"), derives from an unattested Frankish form, akin to the attested Old English , with the final -''ing'' being a typical Germanic patronymic suffix. The name derives from King Merovech, whom many legends surround. Unlike the Anglo-Saxon royal genealogies, the Merovingians never claimed descent from a g ...
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Estate (house)
An estate is a large parcel of land under single ownership, which would historically generate income for its owner. British context In the UK, historically an estate comprises the houses, outbuildings, supporting farmland, and woods that surround the gardens and grounds of a very large property, such as a country house, mansion, palace or castle. It is the modern term for a manor, but lacks a manor's now-abolished jurisdiction. The "estate" formed an economic system where the profits from its produce and rents (of housing or agricultural land) sustained the main household, formerly known as the manor house. Thus, "the estate" may refer to all other cottages and villages in the same ownership as the mansion itself, covering more than one former manor. Examples of such great estates are Woburn Abbey in Bedfordshire, England, and Blenheim Palace, in Oxfordshire, England, built to replace the former manor house of Woodstock. In a more urban context are the "Great Estates" in ...
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