Legal Definitions - paraphernalia

Historically, in common law, paraphernalia referred to specific personal property that a wife was legally entitled to keep after her husband's death. These items were considered her own, distinct from his general estate, and were retained by her in addition to any dower or other provisions she might receive from his estate. They typically included items of personal adornment or use, rather than assets intended for the general household or investment.

• Example 1: Personal Jewelry

  When Lord Harrington passed away, his estate included numerous valuable assets, such as land, investments, and household furnishings. However, his widow, Lady Harrington, was legally entitled to retain a sapphire brooch that had been a family heirloom from her own side and a gold locket her husband had given her for her personal use during their marriage. These items were not considered part of Lord Harrington's estate to be distributed among his heirs or creditors.

  This illustrates paraphernalia because the brooch and locket were personal items of adornment belonging to Lady Harrington, separate from the marital estate, which she was allowed to keep after her husband's death, in addition to any other inheritance.

• Example 2: Clothing and Personal Effects

  Upon the death of Mr. Davies, his executors began the process of inventorying his possessions for probate. Mrs. Davies asserted her right to all her personal gowns, cloaks, and a set of silver-backed brushes and combs that had been hers since before her marriage. These items were not included in the valuation of Mr. Davies's estate.

  Here, Mrs. Davies's personal wardrobe and grooming accessories qualify as paraphernalia. They were intimately connected to her person and not considered general household assets, allowing her to retain them independently of the estate's distribution.

• Example 3: Specific Personal Gifts

  During their marriage, Sir Charles gifted his wife, Lady Eleanor, a rare, intricately embroidered fan from the Far East, intended solely for her personal enjoyment and display. After Sir Charles's death, this fan was not listed among the assets to be divided among his children from a previous marriage, nor was it subject to his estate's debts.

  This fan, given specifically for Lady Eleanor's personal use and enjoyment, would be classified as her paraphernalia, ensuring it remained her property even after her husband's demise, separate from the assets of his estate.