Legal Definitions - York, custom of

The Custom of York was a historical legal practice prevalent in the city of York, England, that governed how the personal property of a man who died without a valid will (known as dying intestate) was to be distributed. This custom was based on the principle of pars rationabilis, meaning "a reasonable part," which aimed to ensure that certain family members received a defined share of the deceased's estate.

Under this custom, the deceased's personal estate (which included movable assets like money, goods, and household items, but not land) was divided according to specific rules depending on his family situation:

• If the man was married and had children, his personal estate was typically divided into three equal parts: one part for his widow, one part for his children (collectively), and one part for the administrator appointed to manage the estate.
• If the man was married but had no children, or if he was single but had children, his personal estate was divided into two equal parts: one part for the surviving spouse (if married) or children (if single), and the other half for the administrator.
• If the man was single and had no children, the entire personal estate would go to the administrator.

Here are some examples illustrating how the Custom of York would have applied:

• Example 1: Married with Children
  Imagine a prosperous baker named Arthur, living in York in the 15th century, who unexpectedly dies without having written a will. He leaves behind his wife, Beatrice, and their three young children.

  How it applies: Under the Custom of York, Arthur's personal property (such as his baking equipment, money, and household goods) would be divided into three equal parts: one for Beatrice, one for his children (to be managed for their benefit), and one for the administrator appointed to oversee the estate.

• Example 2: Married, No Children
  Consider a master carpenter named Charles, also from York, who passes away intestate. He is survived by his wife, Dorothy, but they never had children.

  How it applies: According to the Custom of York, Charles's personal estate would be split into two equal portions: one for Dorothy, and the other for the administrator responsible for handling his affairs.

• Example 3: Single with Children
  Suppose a widowed merchant named Edward, who resided in York, dies without a will. He leaves behind two adult children but no spouse.

  How it applies: In this situation, the Custom of York would dictate that Edward's personal property be divided into two equal shares: one for his two children (collectively), and the other for the administrator managing his estate.