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GAVELKIND

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Originally appearing in Volume V11, Page 539 of the 1911 Encyclopedia Britannica.
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GAVELKIND ,1 a See also:

peculiar See also:system of See also:tenure associated chiefly with the See also:county of See also:Kent, but found also in other parts of See also:England. In Kent all See also:land is presumed to be See also:holden by this tenure until the contrary is proved, but some lands have been disgavelled by particular statutes. It is more correctly described as See also:socage tenure, subject to the See also:custom of gavelkind. The See also:chief peculiarities of the custom are the following. (I) A See also:tenant can alienate his lands by See also:feoffment at fifteen years of See also:age. (2) There is no See also:escheat on See also:attainder for See also:felony, or as it is expressed in the old See also:rhyme " The See also:father to the bough, The son to the plough." (3) Generally the tenant could always dispose of his lands by will. (4) In See also:case of See also:intestacy the See also:estate descends not to the eldest son but to all the sons (or, in the case of deceased sons, their representatives) in equal shares. " Every son is as See also:great a See also:gentleman as the eldest son is." It is to this remarkable peculiarity that gavelkind no doubt owes its See also:local popularity. Though ' This word is generally taken to represent in O. Eng. gafolgecynd, from gafol, See also:payment, See also:tribute, and gecynd, See also:species, See also:kind, and origin-ally to have meant tenure by payment of See also:rent or non-military services, cf. gafol-land, and thence to have been applied to the particular custom attached to such tenure in Kent. Gafol apparently is derived from the See also:Teutonic See also:root seen in " to give ' ; the Med. See also:Lat. gabulum, gablum gives the Fr. See also:gabelle, tax.

See also:

females claiming in their own right are postponed to See also:males, yet by See also:representation they may inherit together with them. (5) A wife is dowable of one-See also:half, instead of one-third of the land. (6) A widower may be tenant by See also:courtesy, without having had any issue, of one-half, but only so See also:long as he remains unmarried. An See also:act of 18 ;1, for commuting manorial rights in respect of lands of See also:copyhold and customary tenure, contained a clause specially exempting from the operation of the act " the custom of gavelkind as the same now exists and prevails in the county of Kent." Gavelkind is one of the most interesting examples of the customary See also:law of England; it was, previous to the See also:Conquest, the See also:general custom of the See also:realm, but was then superseded by the feudal law of See also:primogeniture. Its survival in this instance in one See also:part of the See also:country is regarded as a concession extorted from the Conqueror by the See also:superior bravery of the men of Kent. Irish gavelkind was a species of tribal See also:succession, by which the land, instead of being divided at the See also:death of the holder amongst his sons, was thrown again into the See also:common stock, and redivided among the surviving members of the See also:sept. The equal See also:division amongst See also:children of an See also:inheritance in land is of common occurrence outside the See also:United See also:Kingdom and is discussed under Suc-CESSION. See INHERITANCE; TENURE. Also See also:Robinson, On Gavelkind; See also:Digby, See also:History of the Law of Real See also:Property; See also:Pollock and See also:Maitland, History of See also:English Law; Challis, Real Property.

End of Article: GAVELKIND

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