Legal Definitions - bastard eisne

Bastard eisne is a historical legal term that refers to a situation where an older child (the "eisne," meaning elder or first-born) was born out of wedlock (a "bastard"), and a younger child was born legitimately (i.e., after the parents married). This term specifically arose in disputes over inheritance, particularly concerning real property (land) or titles, where the legitimacy of the elder child's birth would historically prevent them from inheriting, even though they were the firstborn. Under common law, the younger, legitimate child would typically be considered the rightful heir, leading to a legal challenge often referred to as a "bastard eisne" dispute.

Here are some examples to illustrate this concept:

• Example 1: Inheritance of a Family Estate

  Imagine a wealthy landowner, Mr. Davies, who had a son, Mark, with Ms. Evans before they were married. Years later, Mr. Davies and Ms. Evans married and subsequently had another son, Peter. When Mr. Davies passed away without a will, a dispute arose over who should inherit the family estate. Mark, as the elder son, might have asserted a claim based on his birth order. However, under historical common law principles related to "bastard eisne," Peter, as the younger but legitimately born son, would have been considered the rightful heir, as Mark's birth occurred outside of a legal marriage.

  This example illustrates "bastard eisne" because Mark is the elder ("eisne") but illegitimate ("bastard") child, while Peter is younger but legitimate, creating a conflict over who legally inherits the estate.

• Example 2: Succession to a Noble Title

  Consider a historical scenario where Lord Harrington had a daughter, Lady Sarah, with a woman he was not married to. Later, Lord Harrington married Lady Eleanor, and they had a son, Arthur. Upon Lord Harrington's death, Lady Sarah, as the elder child, might have attempted to claim the family title and associated lands. However, under the strict rules of historical English peerage law, which prioritized legitimate lineage, Arthur, as the younger but legitimate son, would have been recognized as the heir to the title and estate, overriding Lady Sarah's claim due to her illegitimate birth.

  This demonstrates how the "bastard eisne" principle applied to noble titles and lands, where the elder, illegitimate child (Lady Sarah) was superseded by the younger, legitimate child (Arthur) in the line of succession.

• Example 3: Property Rights in a Historical Village

  In a small 18th-century village, a farmer named George had a son, Thomas, with his long-term partner, Martha. They lived together and were recognized by the community but never formally married. Later, George married another woman, Anne, and they had a daughter, Emily. When George died, his small plot of land, which was crucial for his family's livelihood, became contested. Thomas, as the elder son, had worked the land alongside his father for many years. However, according to the prevailing laws concerning "bastard eisne," Emily, born within a legal marriage, would have been deemed the rightful inheritor, prioritizing legitimate lineage for property transfer over the elder, illegitimate child.

  This example highlights the historical application of "bastard eisne" where the elder, illegitimate child (Thomas) was legally barred from inheriting property in favor of a younger, legitimate child (Emily), despite Thomas's close connection and labor on the land.