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Legal Definitions - corruption of blood

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Definition of corruption of blood

Corruption of Blood was a historical legal principle, now considered unconstitutional, that prevented a person and their descendants from inheriting or passing on property due to a severe legal punishment, typically for crimes like treason or serious felonies. When someone was subjected to "attainder" (a legal consequence of such a conviction), their "blood" was considered "corrupted." This meant they could not inherit property from their ancestors, nor could their own children or other relatives inherit property from them. The doctrine aimed to punish not only the individual but also their entire lineage, effectively severing their family's connection to property and status through that individual.

  • Imagine a nobleman in 17th-century England, Lord Ashworth, who was convicted of treason against the Crown. Under the doctrine of corruption of blood, Lord Ashworth's legal capacity to hold or transmit property was extinguished. Consequently, his eldest son, despite being the rightful heir by birth, would be legally barred from inheriting Lord Ashworth's ancestral estate and titles. The property would instead revert to the Crown, and the son would be left without his expected inheritance.

    This example illustrates how the "corrupted blood" of the convicted individual prevented their descendants from inheriting property that would otherwise have been theirs, demonstrating the doctrine's punitive reach across generations.

  • Consider a wealthy merchant in 18th-century colonial America, Mr. Davies, who was convicted of a serious felony. Shortly after his conviction, his estranged but very wealthy aunt passed away without a will, making Mr. Davies her closest living relative and presumptive heir. However, because of the corruption of blood doctrine, Mr. Davies was deemed legally incapable of inheriting. His "corrupted blood" prevented him from receiving the substantial inheritance from his aunt, even though he would have been the legal heir under normal circumstances.

    This scenario shows how the doctrine also prevented the convicted person themselves from inheriting property from others, highlighting the complete loss of inheritance rights.

  • During medieval times, a landowner named Sir Kael was found guilty of a felony. As a result, his "blood was corrupted." This meant that not only could his children not inherit his lands, but Sir Kael himself lost the legal ability to transfer any of his property to them or anyone else. His estate would be forfeited, typically to his feudal lord or the Crown, rather than passing to his family as he might have intended or as custom dictated.

    This example demonstrates how the doctrine directly stripped the convicted individual of their capacity to pass on property, ensuring that their lineage could not benefit from their estate.

Simple Definition

Corruption of blood was a defunct and unconstitutional legal doctrine. Under this doctrine, a person who suffered attainder or was declared civilly dead would lose the ability to inherit or pass property. This also meant their descendants could not inherit through them.

The difference between ordinary and extraordinary is practice.

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