Legal Definitions - custom of York

The Custom of York was a historical rule under English common law that governed how the personal property (movable assets like money, goods, and chattels, but not land) of a person who died without a valid will (intestate) was distributed. This custom applied specifically within the Province of York, which covered much of northern England, and differed from the general common law rules of intestacy prevalent elsewhere in England.

Under the Custom of York, if a man died intestate leaving a widow and children, his personal estate was divided into three equal parts:

• One-third went to the widow.
• One-third went to the children, to be divided equally among them.
• The remaining one-third was then distributed according to the general statutory rules of intestacy that applied across England at the time.

This custom aimed to ensure specific provisions for the widow and children directly from the personal estate. It was eventually abolished by the Administration of Estates Act 1925, which standardized intestacy laws across England and Wales.

Here are some examples illustrating the Custom of York:

• Example 1: A Merchant's Estate in the 18th Century

  In 1750, a prosperous merchant named Mr. Thomas Sterling, living in York, suddenly passed away without having made a will. He left behind his wife, Mrs. Eleanor Sterling, and their three children. His personal estate, consisting of cash, merchandise, and household goods, was valued at £9,000.

  Because Mr. Sterling resided in York and died intestate before 1925, the Custom of York would apply. His £9,000 personal estate would be divided as follows:

  • £3,000 (one-third) would go directly to Mrs. Eleanor Sterling, his widow.
  • £3,000 (one-third) would be divided equally among his three children, meaning each child would receive £1,000.
  • The remaining £3,000 (one-third) would then be distributed according to the general intestacy laws of England applicable at that time, which might have further provisions for the widow or children, or other relatives, depending on the specific statutes in force.

• Example 2: Regional Differences in Intestacy

  Consider two hypothetical brothers, John and Robert, both wealthy landowners and merchants, who both died intestate in 1820. John lived in Manchester (which was within the Province of York), while Robert lived in London (outside the Province of York). Both left behind a widow and two children, and each had a personal estate worth £12,000.

  This scenario highlights the regional specificity of the custom:

  • For John, living in Manchester, the Custom of York would apply. His widow would receive £4,000 (one-third), his two children would share £4,000 (one-third), and the final £4,000 would be distributed under general intestacy rules.
  • For Robert, living in London, the Custom of York would not apply. His personal estate would be distributed entirely according to the general common law and statutory rules of intestacy for England outside the Province of York. This would have resulted in a different distribution of the remaining two-thirds after the widow's share, potentially giving more discretion to the estate administrator or following different statutory provisions for the children's share compared to the fixed one-third under the Custom of York.