Legal Definitions - eignesse

Eignesse refers to a historical legal right that allowed the eldest among several co-heirs (known as coparceners) to have the first choice when dividing an inherited property that consisted of multiple distinct parts. This right ensured that the eldest heir had the privilege of selecting their preferred portion of the inheritance before the others. It is an archaic term, largely abolished in English law centuries ago.

• Example 1: Rural Estate Division

  Imagine three sisters, Eleanor, Beatrice, and Clara, who inherited their family's rural estate after their father passed away. The estate comprised three distinct properties: a large farmhouse with extensive acreage, a smaller guesthouse with a vineyard, and a plot of undeveloped woodland. Under the historical right of eignesse, Eleanor, as the eldest sister, would have had the privilege to choose which of the three properties she wished to inherit first. For instance, she might select the farmhouse, leaving Beatrice and Clara to divide the remaining two properties. This demonstrates eignesse as the eldest coparcener's right to initial selection among distinct inherited assets.

• Example 2: Multiple City Dwellings

  Consider four cousins, all female and inheriting equally as coparceners, who came into possession of their grandmother's city properties. These included a brownstone apartment building, a detached carriage house, and a small row house. According to the principle of eignesse, the eldest cousin among them would have been entitled to choose which of these three distinct dwellings she wanted first. Her choice would then narrow the options for the younger cousins, illustrating the eldest's preferential right in the partition of an inheritance.

• Example 3: Division of Valuable Collections

  Suppose two sisters, Margaret and Susan, inherited a valuable collection of antique furniture and artworks from their aunt. The collection was legally divided into two distinct sets of items of roughly equal monetary value. Historically, eignesse would have granted Margaret, as the elder sister, the right to choose which of the two sets of inherited valuables she preferred. This illustrates how the right applied to the division of distinct portions of an inheritance, allowing the eldest coparcener to make the initial selection.