Gavelkind - Law Dictionary Search Results

Terra testamentalis

Terra testamentalis, gavelkind land, being disposable by will, Spelm.

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the oppressive hand of the Norman. Included among free socage tenures were petit serjeanty tenure in burgage, and gavelkind. (1) Petit serjeanty [parva serjeantia, Lat.] greatly resembles grand serjeanty, for as the latter is a personal service,

Partition, Deed of

When an estate was held in community by joint tenants, tenants in common, coparceners, or joint heirs in gavelkind, and they were desirous of dividing it into distinct portions, to be exclusively enjoyed by each, and were

Heir

by a particular and local custom, as in borough-English lands, the youngest son succeeds his father, while in gavelkind lands, all the sons inherit as parceners, and make but one heir, Co. Litt. 140. (c) Heir by

Usage

65; but it must always be proved, whereas a custom may in some cases (e.g., the custom of gavelkind) be judicially noticed without proof. The concept of long continuance and passage of time is inbuilt in the

Socage, or Soccage

(q.v.) in this country; the exceptions were, until abolished by the (English) Law of Property Act, 1922, Borough-English, Gavelkind, etc. (q.v.). Socage is the same as service of the soc; and soc is the same thing as

Recto de rationabili parte

parte, a writ of right, of the reasonable part, which lay between privies in blood, as brothers in gavelkind, sisters, and other coparceners, for land in fee simple, Fitz. N.B. 9.

Primogeniture

form only, if at all. See Eyre Lloyd's 'Rights of Primogeniture and Succession.' In England the customs of gavelkind and Borough-English were almost the only exceptions to this Norman rule of inheritance. The right, which was a

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