Sources for property succession rules in England before 1250
From
Robert Goff@rwgoff19812@gmail.com to
soc.genealogy.medieval on Fri Feb 21 06:31:30 2025
From Newsgroup: soc.genealogy.medieval
Some understanding of the interplay between default property succession
rules, entails, wills, and trusts in medieval England from about 1215
can be gained from Mark A. Senn, rCLEnglish Life and Law in the Time of
the Black Death,rCY Real Property, Probate and Trust Journal, Vol. 38, No.
3 (Fall 2003), p. 507-588. The enacted (versus customary) laws from the
1200s and 1300s seem to be remedial to customs then in common practice.
There is an interesting lawsuit in 1211 where Phillip de Haudeneby and
wife Juliane held land in Haudenebi or Holdenby Northamptonshire that following the death of Juliane was to descend to Robert Trian as his
right and inheritance. However, according to RobertrCOs lawsuit, Juliane
took a child of a poor women and held it was her own to disinherit
Robert Trian who was nepos to Juliane. Curia Regis Rolls 11-14 John, p.
169. Thinking more broadly, it is not yet clear to me whether the legal
basis of the claim was that Juliane could not circumvent the laws of
intestate property succession, or whether there was an early entail or
trust dictating the descent of the property.
I seek advice or sources from anyone who has trodden the path of
property succession rules in medieval England from say 1066-1250.
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