Legal Definitions - de rationabili parte bonorum

de rationabili parte bonorum is a historical legal term, originating from Law Latin, meaning "of a reasonable share of goods." It refers to a specific legal action, or "writ," that existed in certain historical legal systems. This writ allowed the widow and children of a deceased man to claim a fair and customary portion of his personal property (his "goods") from his estate, after any outstanding debts had been paid. This right was often rooted in local customs and traditions rather than universal statutory law.

Here are some examples illustrating how this historical legal concept would have applied:

• Scenario 1: Disinheritance by Will

  Imagine a wealthy merchant in medieval England who dies, leaving behind a will that bequeaths all his personal property, including valuable household items, livestock, and movable assets, to a distant cousin, completely overlooking his wife and children. Despite the existence of a will, local custom in that region traditionally dictated that a widow and children were entitled to a portion of the deceased's personal estate.

  Explanation: In this situation, the widow and children could invoke *de rationabili parte bonorum*. This writ would allow them to legally challenge the will's provisions and assert their customary right to a "reasonable share" of the merchant's personal goods, ensuring they received a fair portion for their sustenance and future, even if the will attempted to disinherit them.

• Scenario 2: Executor Withholding Assets

  Consider a man who dies, leaving behind a substantial amount of personal property, but his appointed executor is slow to act or attempts to sell off all the assets to pay minor debts, leaving nothing for the family. The executor might argue that all assets are needed for debt settlement, even if the debts are small compared to the total value of the personal property.

  Explanation: The widow and children could use the writ of *de rationabili parte bonorum* to compel the executor to set aside their "reasonable share" of the personal property *after* legitimate debts have been paid. This legal action would ensure that the family's customary right to a portion of the estate is honored, preventing the executor from unfairly depleting the assets that were traditionally meant for the surviving family members.

• Scenario 3: Customary Division of Estate

  In a particular historical shire, a strong local custom dictates that upon a man's death, his personal estate (such as tools, furniture, and personal effects) must be divided into three equal parts: one part for the widow, one part for the children, and one part for the deceased to dispose of as he wished (e.g., through a will or for debts). If a man dies without a will, and his relatives attempt to claim the entire estate for themselves, ignoring the customary division.

  Explanation: Here, *de rationabili parte bonorum* would be the legal instrument for the widow and children to enforce this established local custom. They would use the writ to demand their guaranteed "reasonable share" of the personal property, ensuring the estate is distributed according to the traditional proportions rather than being entirely claimed by others.