Abstract
The ability of a testator to dispose of chattels by means of a will seems to have been restricted from an early time in England. This paper re-examines the possible origins of such a concept; it considers ideas from Roman law, Anglo-Saxon law, Canon law and Anglo-Norman law in an attempt to trace the genesis of the so-called legitim. It highlights the intrinsic problems that are faced when embarking on such a task, and concludes that legitim most likely has its roots in customary law, and is likely to pre-date the Norman Conquest.
Original language | English |
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Pages (from-to) | 85-94 |
Number of pages | 10 |
Journal | Journal on European History of Law |
Volume | 5 |
Issue number | 1 |
Publication status | Published - 2014 |
Keywords
- testator
- legitim
- history
- law
- customary law
- succession-legal history
- reasonable parts
- canon law
- Roman law
- Anglo-Saxon law
- Norman law
- wills