Legal Definitions - free bench

Free bench is a historical legal concept that granted a surviving spouse a specific interest in the land and property of their deceased husband or wife. Primarily benefiting widows, this right allowed the surviving spouse to enjoy a one-half share of the deceased's estate. This entitlement continued either until their own death or until they chose to remarry, at which point the right would typically cease. It served as a form of historical protection, ensuring the surviving spouse had continued support and a place within the community.

Here are some examples illustrating the concept of free bench:

• Imagine a scenario in 14th-century England where a farmer, John, passes away, leaving behind his wife, Mary, and their children. Under the custom of free bench, Mary would be entitled to continue living in the family home and managing half of the agricultural land that John owned. She could use the produce and income from this half-share to support herself and her children.

  This example illustrates how free bench provided a widow with a direct, ongoing interest in her deceased husband's property, allowing her to maintain her livelihood and residence.

• Consider Eleanor, whose husband, a successful merchant, died in the 16th century. Through free bench, Eleanor was granted the right to receive income from half of her late husband's business assets and properties. Several years later, Eleanor decided to marry another merchant. Upon her remarriage, her right to the free bench interest in her first husband's estate would have automatically terminated, and those assets would typically pass fully to his heirs.

  This example demonstrates the conditionality of free bench, specifically how the right was extinguished upon the surviving spouse's remarriage.

• While less common, free bench could occasionally apply to widowers. For instance, if a wealthy noblewoman, Lady Catherine, held significant lands in her own right and passed away, her surviving husband, Sir Thomas, might, in certain jurisdictions, have been granted free bench over half of those specific lands. This would allow him to benefit from their income or use until his death or remarriage, separate from any other inheritance he might receive.

  This example highlights that while predominantly a right for widows, free bench could, in specific historical contexts and local customs, also extend to widowers, granting them a temporary half-interest in their deceased spouse's separate estate.