Legal Definitions - discontinuor

A discontinuor is a historical legal term referring to a person who held land under a specific type of inheritance, known as an entailed estate. When this individual transferred ownership of the entailed estate to another party, their action was considered a "discontinuance." This meant that while the new party might take possession, the transfer did not fully extinguish the rights of the original owner's future heirs to inherit the land. Consequently, the new owner's title to the property was incomplete and vulnerable to challenge by those heirs.

• Example 1: Sale of Family Land

  Lord Alistair inherited Blackwood Manor as an entailed estate, meaning it was intended to pass down through his direct descendants according to specific rules. Facing financial difficulties, Lord Alistair decided to sell a large portion of the manor's farmland to a neighboring farmer, Mr. Davies. In this scenario, Lord Alistair is the discontinuor. His sale, while transferring immediate possession to Mr. Davies, did not legally prevent Lord Alistair's son (the next in line for the entailed estate) from later challenging Mr. Davies's ownership. The original line of inheritance was "discontinued" but not fully broken, leaving Mr. Davies with a potentially flawed title.

• Example 2: A Gift with Complications

  Lady Eleanor held an entailed cottage and its surrounding gardens, which by tradition were meant to pass to her eldest daughter. However, Lady Eleanor, wishing to reward her loyal housekeeper, Ms. Finch, for decades of service, formally gifted the cottage and gardens to Ms. Finch. Lady Eleanor acted as a discontinuor. Although Ms. Finch took possession and believed she owned the property outright, Lady Eleanor's eldest daughter could, upon Lady Eleanor's death, assert her claim to the cottage and gardens under the terms of the entail, making Ms. Finch's ownership "discontinued" or incomplete.

• Example 3: Transfer to a Corporation

  Sir Charles owned an entailed forest, passed down through generations of his family. Believing he had full rights to dispose of the property, he sold the entire forest to a timber company, Evergreen Lumber Co., for a significant sum. Sir Charles is the discontinuor in this situation. Years later, Sir Charles's grandson, who was the rightful heir under the entail, discovered the sale and initiated legal proceedings to reclaim the forest. The sale by Sir Charles "discontinued" the direct inheritance but did not fully sever the future heir's claim, leaving Evergreen Lumber Co. with a vulnerable title that could be challenged.