taxwonk |
05-06-2005 02:31 PM |
Now Maybe If We Cut Spending . . .
Quote:
Originally posted by Bad_Rich_Chic
I assure you, the common law significantly predates the reign of Henvy VIII.
The pre-SoW common law rules for the inheritance of real property were just different. There was significant interesting work in England from Domesday on figuring out ways, effectively, to will real property, generally with a fair amount of success. (A very significant portion of that was wealthy priests with families ensuring their children inherited, actually.) eta: (Very like gay couples currently have to contract around the status quo to obtain rights generally available to others.)
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Property was not freely transferred by will prior to the SoW. It was entailed, a transfer of the right to possess and profit therefrom. However, the right to entail property was acquired by purchase from the Crown. Hence, to the extent that transfer of property in less than fee simple was accomplished prior to the SoW, it was still accomplished only upon the payment of an excise to the sovereign.
ETA that the only body that was able to transfer property without payment of an excise was the Church, which could receive property reversions upon the expiration of an entailment. However, that was because, prior to Henry VIII, the Church was deemed to be of equal soveriegnty. Which, of course, was one of the primary reasons the SoW was enacted. Hank wanted to keep property out of the Church's hands.
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