Legal Definition and Related Resources of Gavelkind

prior to the Norman Conquest, this was the customary mode of tenure . All lands in England were held in gavelkind and descended to all the sons and, should one son predecease the father but leave behind a daughter, she succeeded to his share in his stead jure representationis. After the Conquest, law of primogeniture superseded gavelkind, except in Kent where all tenures were presumed to be gavelkind unless proven otherwise . Land held in gavelkind yielded the kind of service called gavel, as distinct from Knight’s Service, that is, it yielded rent. It had certain other distinct features such as the dower interest and curtesy extended to one-half of the gavelkind lands.

The tenure by which almost all lands in England were held prior to the Conquest, and which is still preserved in Kent. ‘ All the sons of a tenant of gavelkind lands take equally, or their heirs male and female by representation. 104 111. App. 170. The wife of such tenant is dowable of onehalf the lands. The husband of such tenant has curtesy, whether issue be born or not, but only of one-half while without issue. Such lands do not escheat, except for treason or want of heirs. The heir of such lands may sell at fifteen years old, but must himself give livery. The rule as to division among brothers, in default of sons is the same as among the sons. Lord Coke derives gavelkind from “gave all kinde”; for this custom gave to all the sons alike (1 Co. Litt. 140a) ; Lambard, from gavel, rent, that is, land of the kind that pays rent or customary husbandry work, in distinction from lands held by knight service (Perambulations of Kent, 1656, p. 585).

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Gavelkind in Historical Law

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Coparcener, Coparcenary, Primogeniture.

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This definition of Gavelkind is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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What is Gavelkind?

A definition of gavelkind is: A species of socage tenure common in Kent, In England (for more information on the <a href="https: //lawi. More details on the Encyclopedia.org. More details on the Encyclopedia.uk/”>English legal system and its history, visit the UK legal encycopedia), where the lands descend to all the sons, or heirs of the nearest degree, together; ma’Y be disposed of by will; do not escheat for felony; may be aliened by the heir at the age of fifteen; and dower and curtesy is given of half the land.[1]

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Notes

1. “Gavelkind” in the White America Dictionary (New York, Los Angeles, London, New Delhy, Hong Kong, 1989)

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