Legal Definitions - eigne

Eigne is a historical legal term, primarily found in older legal texts and documents, that describes something as being either the eldest or first-born, superior in rank or priority, or an estate that is legally restricted from being freely sold or passed down.

• When referring to a child, eigne means the eldest or first-born. This distinction was particularly significant in historical inheritance systems, such as primogeniture, where the eldest child had specific rights or privileges.

• When referring to a legal right or claim, such as a title to property, eigne indicates that the right or claim is superior or takes precedence over others.

• When describing an estate (land or property), eigne signifies that the estate is entailed. An entailed estate is one where ownership is restricted to a specific line of heirs and cannot be freely sold, gifted, or willed away by the current owner. This legal restriction ensures the property remains within a designated family line across generations.

Here are some examples illustrating the historical use of "eigne":

• Example 1 (Eldest/First-born): In a 17th-century noble family, the family estate and title were strictly governed by primogeniture. Upon the Duke's death, his eigne son, despite being less experienced than his younger brother, automatically inherited all properties and responsibilities, as dictated by the established laws of succession.

  This example illustrates "eigne" in its sense of "eldest" or "first-born," highlighting how the eldest son's birth order determined his legal right to inheritance.

• Example 2 (Superior/Prior Title): Two individuals presented claims to the same parcel of land. One claimant held a royal charter granted in 1550, while the other possessed a deed issued by a local lord in 1580. The court recognized the royal charter as an eigne title, meaning it was the superior and earlier claim, thereby invalidating the later deed.

  Here, "eigne" describes the royal charter as the prior and legally superior claim to the land, taking precedence over the more recent and less authoritative deed.

• Example 3 (Entailed Estate): Lady Eleanor's ancestral home, Blackwood Manor, was established as an eigne estate by her great-grandfather's will in the 18th century. This meant that while Lady Eleanor could live in and manage the manor, she could not sell it, mortgage it, or bequeath it to anyone outside the designated line of male heirs, ensuring it remained in the family for generations.

  In this context, "eigne" describes the estate as being entailed, meaning its ownership is restricted to a specific line of succession and cannot be freely alienated by any individual owner, ensuring it stays within the family as per the will's instructions.