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Simple English definitions for legal terms
York, custom of
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A quick definition of York, custom of:
The York custom was a tradition in York where a man's belongings were divided after his death. If the man had a wife and children, each would receive one-third of the belongings, and the administrator would receive the remaining third. If the man was married but had no children or was single but had children, the administrator would receive half of the belongings, and the other half would be divided among the wife and children. If the man was single with no children, the administrator would receive all of the belongings.
A more thorough explanation:
The York, custom of is a historical practice that was common in York. It was a way of dividing the property of a man who died without leaving a will. According to this custom, the property was divided into different parts based on the family members of the deceased.
The division of the property was done according to the doctrine of pars rationabilis, which means a reasonable part. The property was divided into three parts, with each part going to the widow, children, and administrator. If the man was married but had no children or was single but had children, then the administrator would receive half of the property. If the man was single with no children, then the entire property would go to the administrator.
For example, if a man died without leaving a will and had a wife and two children, then the property would be divided into three parts. One part would go to the wife, one part to each child, and one part to the administrator. If the man was single with no children, then the entire property would go to the administrator.
The York, custom of was a way of ensuring that the property of a deceased person was divided fairly among the family members. It was a common practice in York during the medieval period.