Legal Definitions - aisne

The term aisne is an archaic legal term that is synonymous with eigne. Both terms historically referred to the elder or first-born, particularly in contexts related to inheritance and legitimacy.

In legal systems that recognized primogeniture, the eigne (or aisne) son was the eldest male heir who held a preferential right to inherit property, titles, or land. The term could also be used to distinguish a legitimate child from one born out of wedlock, with the legitimate child being considered eigne in terms of their legal standing and rights.

• Example 1 (Primogeniture): In 16th-century England, a wealthy landowner named Lord Blackwood passed away without a will. He had three sons: Edward, William, and Thomas. According to the laws of primogeniture prevalent at the time, Edward, being the aisne son (the eldest), would automatically inherit the entirety of his father's estate, including the ancestral manor and all associated lands, even though his younger brothers were also adults.

  Explanation: This example demonstrates aisne in its primary sense of the "first-born" or "elder" son who, by virtue of his birth order, was legally entitled to inherit under the system of primogeniture.

• Example 2 (Legitimacy): During a legal dispute over a family inheritance in 18th-century France, a man named Monsieur Dubois had two children: Marie, born during his marriage to his wife, and Pierre, born several years earlier to a different woman before Monsieur Dubois was married. In the eyes of the law, Marie would be considered the eigne child in terms of her legitimacy and right to inherit from Monsieur Dubois's estate, as she was born within a valid marriage, whereas Pierre, despite being older, might have faced significant legal challenges to his claim due to his illegitimate birth.

  Explanation: Here, eigne refers to the child whose legitimacy is legally established, typically by being born within a valid marriage, thereby granting them specific rights, such as inheritance, that might be denied to children considered illegitimate, regardless of their actual birth order.