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De donis conditionalibus

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112: 357: 38: 214:, because if the donee had no heirs of his body the estate reverted to the donor. This right of reversion was evaded by the interpretation that such a gift was a conditional fee, which enabled the donee, if he had an heir of the body born alive, to alienate the land, and consequently disinherit the issue and defeat the right of the donor. To remedy this the statute 234:
enacted that in grants to a man and his heirs, the will of the donor as expressed in the grant should be followed. The donee should have no power to dispose of the land in any other way. After the donee's death, the land would be inherited by his heirs – or if he had no heirs, then by the donor or
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On the other hand, by limiting inheritance to the eldest son, the other issue were forced to seek employment elsewhere, thus, it has been argued, preventing the growth of a landed caste. The professions of the church, the army and the law were constantly recruited from the younger sons of landed
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It is claimed that the operation of the statute produced innumerable evils: "children, it is said, grew disobedient when they knew they could not be set aside; farmers were deprived of their leases; creditors were defrauded of their debts; innumerable latent entails were produced to deprive
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purchasers of the land they had fairly bought; treasons also were encouraged, as estates tail were not liable to forfeiture longer than for the tenant's life".
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and the heirs of his body", by which limitation it was sought to prevent alienation from the lineage of the first purchaser. These grants were also known as
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A form of entail has been known before the Norman feudal law had been domesticated in England. The common form was a grant "to the
48: 474: 469: 484: 299: 316: 189: 63: 287:(Year Book, 12 Edward IV., 1472) by means of a fictitious suit or recovery which had originally been devised by the 159: 59: 464: 238:
Since the passing of the statute, an estate given to a man and the heirs of his body has been known as an
459: 449: 124: 116: 292: 17: 339: 284: 262:, to cut, the inheritance being by the statute cut down and confined to the heirs of the body. 362:
One or more of the preceding sentences incorporates text from a publication now in the
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Text of the Statute of Westminster the Second (De Donis Conditionalibus) 1285 (c. 1)
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as in force today (including any amendments) within the United Kingdom, from
144: 243: 193: 381:. Vol. 7 (11th ed.). Cambridge University Press. p. 920. 205: 186: 66:. Statements consisting only of original research should be removed. 196:– forbidding a landholder to sell his land except to his heirs. 31: 275:
families, preventing the gap between nobility and the rest.
302:, which provided an alternative means of barring entails. 283:
The power of alienation was reintroduced by the judges in
55: 165: 158: 151: 138: 123: 455:Acts of the Parliament of England still in force 8: 257: 99: 247: 229: 215: 209: 175: 129: 98: 82:Learn how and when to remove this message 350: 348: 328: 422:The National Archives (United Kingdom) 160:Text of statute as originally enacted 18:Statute De Donis Conditionalibus 1285 7: 167:Revised text of statute as amended 25: 192:(1285). It originated the law of 355: 110: 36: 417:"Fines and Recoveries Act 1833" 27:English feudal statute of 1285 1: 405:Groundwork of British History 300:Fines and Recoveries Act 1833 317:History of English land law 256:is derived from the French 153:Status: Current legislation 62:the claims made and adding 501: 298:This was abolished by the 96:United Kingdom legislation 109: 104: 480:Legal history of England 373:De Donis Conditionalibus 231:De donis conditionalibus 217:De donis conditionalibus 177:De donis conditionalibus 131:De donis conditionalibus 475:Latin legal terminology 470:13th century in England 378:Encyclopædia Britannica 190:Statutes of Westminster 258: 248: 230: 216: 210: 176: 130: 183:Estates Tail Act 1285 117:Parliament of England 100:Estates Tail Act 1285 485:Medieval English law 293:statutes of Mortmain 228:In 1285 the statute 185:is a chapter of the 403:Warner and Marten, 235:the donor's heirs. 101: 340:legislation.gov.uk 242:, or an estate in 211:feuda conditionata 47:possibly contains 172: 171: 105:Act of Parliament 92: 91: 84: 49:original research 16:(Redirected from 492: 434: 433: 431: 429: 413: 407: 401: 395: 389: 383: 382: 361: 359: 358: 352: 343: 333: 291:for evading the 261: 251: 249:feudum talliatum 233: 219: 213: 179: 133: 114: 113: 102: 87: 80: 76: 73: 67: 64:inline citations 40: 39: 32: 21: 500: 499: 495: 494: 493: 491: 490: 489: 465:1285 in England 440: 439: 438: 437: 427: 425: 415: 414: 410: 402: 398: 390: 386: 371:, ed. (1911). " 367: 356: 354: 353: 346: 334: 330: 325: 308: 285:Taltarum's Case 281: 268: 226: 202: 154: 119: 111: 97: 88: 77: 71: 68: 53: 41: 37: 28: 23: 22: 15: 12: 11: 5: 498: 496: 488: 487: 482: 477: 472: 467: 462: 457: 452: 442: 441: 436: 435: 408: 396: 384: 369:Chisholm, Hugh 344: 327: 326: 324: 321: 320: 319: 314: 307: 304: 289:regular clergy 280: 277: 267: 264: 225: 222: 201: 198: 170: 169: 163: 162: 156: 155: 152: 149: 148: 142: 136: 135: 127: 121: 120: 115: 107: 106: 95: 90: 89: 72:September 2020 44: 42: 35: 26: 24: 14: 13: 10: 9: 6: 4: 3: 2: 497: 486: 483: 481: 478: 476: 473: 471: 468: 466: 463: 461: 458: 456: 453: 451: 448: 447: 445: 424: 423: 418: 412: 409: 406: 400: 397: 394: 393:Real Property 388: 385: 380: 379: 374: 370: 365: 364:public domain 351: 349: 345: 341: 337: 332: 329: 322: 318: 315: 313: 312:Quia Emptores 310: 309: 305: 303: 301: 296: 294: 290: 286: 278: 276: 272: 265: 263: 260: 255: 250: 245: 241: 236: 232: 223: 221: 218: 212: 207: 199: 197: 195: 191: 188: 184: 180: 178: 168: 164: 161: 157: 150: 146: 143: 141: 137: 132: 128: 126: 122: 118: 108: 103: 94: 86: 83: 75: 65: 61: 57: 51: 50: 45:This article 43: 34: 33: 30: 19: 460:1280s in law 450:English laws 426:. Retrieved 420: 411: 404: 399: 392: 387: 376: 331: 297: 282: 273: 269: 253: 252:). The word 239: 237: 227: 220:was passed. 203: 182: 174: 173: 93: 78: 69: 46: 29: 240:estate tail 224:The statute 444:Categories 391:Williams, 323:References 200:Background 125:Long title 56:improve it 279:Aftermath 266:Criticism 145:13 Edw. 1 60:verifying 306:See also 244:fee tail 140:Citation 428:28 June 366::  259:tailler 206:feoffee 187:English 181:or the 54:Please 360:  194:entail 147:. c. 1 430:2022 254:tail 375:". 58:by 446:: 419:. 347:^ 342:. 295:. 432:. 246:( 134:. 85:) 79:( 74:) 70:( 52:. 20:)

Index

Statute De Donis Conditionalibus 1285
original research
improve it
verifying
inline citations
Learn how and when to remove this message
Parliament of England
Long title
Citation
13 Edw. 1
Text of statute as originally enacted
Revised text of statute as amended
English
Statutes of Westminster
entail
feoffee
fee tail
Taltarum's Case
regular clergy
statutes of Mortmain
Fines and Recoveries Act 1833
Quia Emptores
History of English land law
Text of the Statute of Westminster the Second (De Donis Conditionalibus) 1285 (c. 1)
legislation.gov.uk


public domain
Chisholm, Hugh
De Donis Conditionalibus

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