Assize of mort d'ancestor
Encyclopedia
In English law
, the Assize of mort d'ancestor ("death of ancestor") was an action brought where a plaintiff claimed the defendant had entered upon a freehold
belonging to the plaintiff following the death of one of his relatives.
It was one of the so-called "petty assizes" established by the Assize of Clarendon
by Henry II
in 1176 with the Azzize of Northampton]. Like the other two assizes, it was abolished in 1833.
Two early instances of such an action are recorded in feet of fine from the reign of King John for a family dispute between members of the de Brantingham family in Yorkshire
in 1202. On 22 August 1202, one Matilda (or Maud), daughter of John de Brantingham, brought an action under the assize of mort d'ancestor against her sisters, Mary and Alice de Brantingham.. Less than four months later, on 1 December 1202, John de Brantingham, son of Haldane the Deacon (and not to be confused with the later John de Brantingham
, a Yorkshire clergyman
), brought a similar action against his three daughters.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, the Assize of mort d'ancestor ("death of ancestor") was an action brought where a plaintiff claimed the defendant had entered upon a freehold
Fee simple
In English law, a fee simple is an estate in land, a form of freehold ownership. It is the most common way that real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved...
belonging to the plaintiff following the death of one of his relatives.
It was one of the so-called "petty assizes" established by the Assize of Clarendon
Assize of Clarendon
The Assize of Clarendon was an 1166 act of Henry II of England that began the transformation of English law from such systems for deciding the prevailing party in a case as trial by ordeal or trial by battle to an evidentiary model, in which evidence and inspection was made by laymen...
by Henry II
Henry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...
in 1176 with the Azzize of Northampton]. Like the other two assizes, it was abolished in 1833.
Two early instances of such an action are recorded in feet of fine from the reign of King John for a family dispute between members of the de Brantingham family in Yorkshire
Yorkshire
Yorkshire is a historic county of northern England and the largest in the United Kingdom. Because of its great size in comparison to other English counties, functions have been increasingly undertaken over time by its subdivisions, which have also been subject to periodic reform...
in 1202. On 22 August 1202, one Matilda (or Maud), daughter of John de Brantingham, brought an action under the assize of mort d'ancestor against her sisters, Mary and Alice de Brantingham.. Less than four months later, on 1 December 1202, John de Brantingham, son of Haldane the Deacon (and not to be confused with the later John de Brantingham
John de Brantingham
John de Brantingham was an English Christian clergyman of the early fourteenth century AD. He held a prebend of Derby Cathedral, value 5 marks a year, and the rectory of Askeby, worth 20 marks annually. In June 1318, Pope John XXII empowered de Brantingham to hold, in addition to his existing...
, a Yorkshire clergyman
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
), brought a similar action against his three daughters.
Further reading
- Sutherland, Donald W. The Assize of Novel Disseisin. Oxford University Press. 21 June 1973. ISBN 0198224109.
- Pollock, Sir Frederick and Frederic William Maitland. The History of English Law Before the Time of Edward I. The Lawbook Exchange Ltd. 2nd edition. 30 Sept 1996. ISBN 1886363226.