Legal Definitions - legatory

The term legatory refers to a historical legal concept concerning the distribution of a freeman's land upon his death. Specifically, it designated the one-third portion of his real estate that he was legally permitted to bequeath through his will. The remaining two-thirds of his land were legally reserved for his wife and children, preventing him from disinheriting them entirely. This concept reflects a time when societal norms and legal structures heavily influenced property inheritance, often prioritizing family support over an individual's complete testamentary freedom.

• Imagine a freeman named Thomas in 14th-century England. He owns a substantial farm and has a wife, Eleanor, and three children. Thomas is very fond of his nephew, who helped him through a difficult harvest, and wishes to leave him a significant portion of his land in his will. Under the historical concept of the legatory, Thomas could only legally designate one-third of his farm to his nephew. The remaining two-thirds would be automatically reserved for Eleanor and their children, regardless of what Thomas wrote in his will. This illustrates how the legatory limited a landowner's ability to freely distribute his entire estate, ensuring family provision.

• Consider another scenario involving a wealthy merchant, Sir John, who acquired several plots of land. Sir John, having no direct heirs he wished to favor, decided to leave all his land to his beloved church in his will. However, if Sir John had a living wife and children, the legatory rule would prevent him from fulfilling this wish entirely. He would only be able to bequeath one-third of his land to the church. The other two-thirds would be legally protected for his wife and children, demonstrating the legatory as a mechanism to safeguard the inheritance rights of immediate family members.