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Simple English definitions for legal terms
brieve of mortancestry
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A quick definition of brieve of mortancestry:
Term: Brieve of Mortancestry
Definition: Brieve of Mortancestry is a legal term that refers to an assize, or a court proceeding, that was based on the death of an ancestor. It was used to determine if the plaintiff's father or other close ancestor had an inheritable estate on the day they died and if the plaintiff was their next heir. If both questions were answered positively, the plaintiff was entitled to inherit the estate. In simpler terms, it was a way to figure out who should inherit property after someone died.
A more thorough explanation:
A brieve of mortancestry, also known as mort d'ancestor, is a legal assize that determines whether a person is the rightful heir to an inheritable estate after the death of their ancestor.
If a person's father dies and they believe they are the rightful heir to their father's estate, they can initiate a brieve of mortancestry to prove their claim. The assize will determine if the father was seised in fee, meaning he had an inheritable estate, on the day he died and if the plaintiff is the next rightful heir. If both questions are answered in the affirmative, the plaintiff will be entitled to the estate.
This legal process was commonly used in medieval England and Scotland to settle disputes over inheritance rights.