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LSDefine

Simple English definitions for legal terms

borough English

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A quick definition of borough English:

Borough English is an old rule in England where the youngest son (or sometimes the youngest daughter or relative) would inherit all of their father's land. If the landowner had no children, then their youngest brother would inherit the land. This rule only applied to certain parts of England and was abolished by law in 1925. Primogeniture is another rule where the firstborn child, usually a son, would inherit all of their ancestor's estate, leaving out younger siblings. This rule was also common in England but was never popular in the United States. Instead, American law usually divides the inheritance equally among all children.

A more thorough explanation:

Borough English is a rule of inheritance that was used in some parts of England. According to this rule, the youngest son (or sometimes the youngest daughter or collateral heir) inherited all his father's lands. If the landowner had no issue, his youngest brother inherited the land. This practice applied to socage tenures.

For example, if a father had three sons and he died, the youngest son would inherit all his father's lands. This rule was abolished by statute in 1925.

It is also known as postremogeniture, ultimogeniture, burgh English, or burgh Engloys.

PrimoGeniture is the state of being the firstborn child among siblings. It is also the common-law right of the firstborn son to inherit his ancestor's estate, usually to the exclusion of younger siblings.

For example, if a father had three sons and he died, the eldest son would inherit all his father's lands. This rule was never cordially received in the United States, and our statutes of descent and distribution uniformly provide for sons' and daughters' sharing the inheritance equally.

Although this seems a fairer method than primogeniture, which was finally abolished in Britain with the 1925 reforms, the descent of property to an ever-expanding group of heirs can seriously complicate the clearing of old titles.

borough court | borough fund

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