Focusing on property law as reflected in cases of disputed wills, this book provides a fascinating glimpse into English seventeenth-century society. As well as charting shifting conceptions of property and inheritance law, accounts taken from the numerous cases quoted offer a poignant reminder of how the law had to cope with difficult situations affecting real lives.
Focusing on property law as reflected in cases of disputed wills, this book provides a fascinating glimpse into English seventeenth-century society. As well as charting shifting conceptions of property and inheritance law, accounts taken from the numerous cases quoted offer a poignant reminder of how the law had to cope with difficult situations affecting real lives.
Lloyd Bonfield, is Professor of Law and Director of the Center for International Law at New York Law School, USA
Inhaltsangabe
Contents: Preface; Introduction: devising, dying, and dispute in early modern England; The 'culture of will-making' in early modern England. Part I The Forum and Its Litigation: Probate jurisdiction in early modern England: England's own 'peculiar institution' in crisis; Disputes: the subject matter of testamentary litigation. Part II The Legal Issues: Mental Element in Will-Making and the Authenticity of Legal Acts: 'Of sound and disposing mind and memory': testamentary capacity and undue influence; Estate plans by 'word of mouth': the validity of nuncupative wills; The sanctity of the written word: testamentary causes challenging the authenticity and due execution of written wills; Which shall it be? Multiple testamentary documents and the revocation of wills. Part III Windows into Social Relationships: Contested successions and contested marriages: evidence from the records of the Prerogative Court of Canterbury; Discord and inheritance: windows into family relations from testamentary litigation; The myriad roles of women in will-making and testamentary litigation in late 17th century England; Conclusion; Appendix; Bibliography; Index.
Contents: Preface; Introduction: devising, dying, and dispute in early modern England; The 'culture of will-making' in early modern England. Part I The Forum and Its Litigation: Probate jurisdiction in early modern England: England's own 'peculiar institution' in crisis; Disputes: the subject matter of testamentary litigation. Part II The Legal Issues: Mental Element in Will-Making and the Authenticity of Legal Acts: 'Of sound and disposing mind and memory': testamentary capacity and undue influence; Estate plans by 'word of mouth': the validity of nuncupative wills; The sanctity of the written word: testamentary causes challenging the authenticity and due execution of written wills; Which shall it be? Multiple testamentary documents and the revocation of wills. Part III Windows into Social Relationships: Contested successions and contested marriages: evidence from the records of the Prerogative Court of Canterbury; Discord and inheritance: windows into family relations from testamentary litigation; The myriad roles of women in will-making and testamentary litigation in late 17th century England; Conclusion; Appendix; Bibliography; Index.
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