Legal Definitions - forisfamiliate

Forisfamiliate (verb)

Historically, to forisfamiliate meant for a father to formally release his son from paternal authority and control, typically by granting him a significant gift of land. This act effectively established the son as an independent head of his own household, often with the understanding that he would not be eligible to inherit further property from his father's estate.

• Example 1: A Medieval Lord's Second Son

  In 14th-century England, Lord Ashworth had two sons. While his eldest son, Arthur, was destined to inherit the family's primary castle and vast lands, Lord Ashworth decided to forisfamiliate his younger son, Thomas. He granted Thomas a smaller, but self-sufficient, manor on the outskirts of the family's territory, complete with its own tenants and resources. This act formally released Thomas from his father's direct command, allowing him to manage his own affairs and establish his own lineage, but it also meant he would not receive any further portion of the main Ashworth estate upon his father's death.

  This example illustrates forisfamiliation because Lord Ashworth provided his son, Thomas, with land (the manor) to grant him independence from paternal authority, thereby settling his claim to future inheritance from the primary estate.

• Example 2: A Prosperous Farmer's Heir

  During the 17th century, a successful farmer named Mr. Davies owned several fields and a large farmhouse. His eldest son, John, wished to marry and start his own family but also wanted to pursue a different farming method than his father. To support John's independence and ensure a clear succession plan for the main farm, Mr. Davies decided to forisfamiliate John by deeding him a fertile parcel of land adjacent to a nearby village. With this land, John could build his own home and farm independently, free from his father's direct oversight. This transfer of land was understood to be John's full share of the family's wealth, meaning he would not inherit additional land or the main farmhouse when his father passed away.

  This scenario demonstrates forisfamiliation as Mr. Davies gave his son, John, a specific plot of land, which served to emancipate him from his father's direct control and establish his own independent household, while simultaneously concluding his claim to further inheritance.