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Law, Land, and Family: Aristocratic Inheritance in England, 1300 to 1800 (Studies in Legal History) [Paperback]

Eileen Spring (Author)

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Book Description

February 5, 1997 0807846422 978-0807846421
Eileen Spring presents a fresh interpretation of the history of inheritance among the English gentry and aristocracy. In a work that recasts both the history of real property law and the history of the family, she finds that one of the principal and determinative features of upper-class real property inheritance was the exclusion of females. This exclusion was accomplished by a series of legal devices designed to nullify the common-law rules of inheritance under which—had they prevailed—40 percent of English land would have been inherited or held by women.

Current ideas of family development portray female inheritance as increasing in the seventeenth and eighteenth centuries, but Spring argues that this is a misperception, resulting from an incomplete consideration of the common-law rules. Female rights actually declined, reaching their nadir in the eighteenth century. Spring shows that there was a centuries-long conflict between male and female heirs, a conflict that has not been adequately recognized until now.


Editorial Reviews

Review

[A] significant and highly original study.

Choice

It will be quite impossible for social or legal historians in the future to ignore the arguments presented here.

Times Literary Supplement

This is an admirable study, lucidly and economically argued.

Cambridge Law Journal

[M]akes a highly technical and complex topic accessible to a wide audience and she does so with a timely twist.

Law and History Review

Ingeniously original, Spring's work is sure to generate a great deal of rethinking .

Morris S. Arnold, United States Court of Appeals


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Inside This Book (learn more)
First Sentence:
By the common law rules of inheritance women in English landed society felly into two classes. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
strict settlement, right male heir, arms clause, portions for younger children, entailing land, collateral male, real property law, provision for younger children, ordinary daughters, affective family, female inheritance, contingent remainders, patrilineal principles, portions for daughters, unborn person, tenant for life, aristocratic marriage, heir female, tail male, life tenancy, common law rules
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Statute of Uses, Lawrence Stone, Crisis of Aristocracy, Lloyd Bonfield, Statute of Wills, History of English Law, Orlando Bridgman, New York, Alan Macfarlane, Gilbert Horsman, Shelley's Case, Economic History Review, Edward Shelley, Joan Thirsk, Lord Nottingham, Eileen Spring, Frederick Pollock, George Brodrick, Great Britain, Jack Goody, Joshua Williams, Laws of Real Property, Randolph Trumbach, Royal Historical Society, Sources of English Legal History
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