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Devising, Dying and Dispute

Book

Devising, Dying and Dispute

DOI link for Devising, Dying and Dispute

Devising, Dying and Dispute book

Probate Litigation in Early Modern England

Devising, Dying and Dispute

DOI link for Devising, Dying and Dispute

Devising, Dying and Dispute book

Probate Litigation in Early Modern England
ByLloyd Bonfield
Edition 1st Edition
First Published 2012
eBook Published 19 April 2016
Pub. Location London
Imprint Routledge
DOI https://doi.org/10.4324/9781315576886
Pages 310
eBook ISBN 9781315576886
Subjects Humanities, Law, Social Sciences
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Bonfield, L. (2012). Devising, Dying and Dispute: Probate Litigation in Early Modern England (1st ed.). Routledge. https://doi.org/10.4324/9781315576886

ABSTRACT

Seventeenth-century England was a country obsessed with property rights. For only those who owned property were considered to have a vested interest in the maintenance of law, order and social harmony. As such, establishing the ownership of 'things' was a constant concern for all people, and nowhere is this more evident than in the cases of disputed wills. Based on a wealth of surviving evidence from the Prerogative Court of Canterbury, the probate jurisdiction which probated wills of the more wealthy English property owners as well as some of those with a more modest quantity of property, this book investigates what litigation over the validity of wills reveals about the interplay between society and law. The volume investigates, catalogs, and systematizes the legal issues that were raised in will disputes in the Canterbury Court in the last half of the seventeenth century. However, this is not just a book about law and legal practice. The records from which it draws plunge us into deeply personal and often tragic situations, revealing how the last requests of the dead and dying were often ignored or misinterpreted by family, friends and creditors for their own benefit. By focusing on property law as reflected in cases of disputed wills, the book provides a glimpse at a much fuller spectrum of society than is often the case. Even people of relatively modest means were concerned to pass on their possessions, and their cases provide a snapshot of the type of objects owned and social relationships revealed by patterns of bequests. This too is true for women, who despite being denied full participation in many areas of civic life, are frequently encountered as key players in court cases over disputed wills. What emerges from this study is a picture of a society for which notions of law and private property were increasingly intertwined, yet in which courts were less concerned with formality than with ensuring that the intentions of will-makers were properly carried out.

TABLE OF CONTENTS

chapter |14 pages

Introduction: Devising, Dying, and Dispute in Early Modern England

ByLloyd Bonfield

chapter 1|28 pages

The ‘Culture of Will-Making’ in Early Modern England

ByLloyd Bonfield

part |1 pages

Part I: The Forum and its Litigation

chapter 2|20 pages

Probate Jurisdiction in Early Modern England: England’s Own ‘Peculiar Institution’ in Crisis

ByLloyd Bonfield

chapter 3|14 pages

Disputes: The Subject Matter of Testamentary Litigation

ByLloyd Bonfield

part |2 pages

Part II: The Legal Issues: Mental Element in Will-Making and the Authenticity of Legal Acts

chapter 4|29 pages

‘Of Sound and Disposing Mind and Memory’: Testamentary Capacity and Undue Influence

ByLloyd Bonfield

chapter 5|22 pages

Estate Plans by ‘Word of Mouth’: e Validity of Nuncupative

ByWills

chapter 6|26 pages

The Sanctity of the Written Word: Testamentary Causes Challenging the Authenticity and Due Execution of Written

ByWills

chapter 7|20 pages

Which Shall It Be? Multiple Testamentary Documents and the Revocation of Wills

ByLloyd Bonfield

part |2 pages

Part III: Windows into Social Relationships

chapter 8|24 pages

Contested Successions and Contested Marriages: Evidence from the Records of the Prerogative Court of Canterbury

ByLloyd Bonfield

chapter 9|22 pages

Discord and Disinheritance: Windows into Family Relations from Testamentary Litigation

ByLloyd Bonfield

chapter 10|18 pages

The Myriad Roles of Women in Will-Making and Testamentary Litigation in Late Seventeenth-Century

ByEngland
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