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  1. #1
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    Default Inheritance laws and second marriage

    Normally the under the laws of primogeniture the eldest son would be the heir apparent.
    I have a deed dated 1582 where the daughter of a second marriage is named as "heir apparent" of her father, but I am pretty sure there were sons by a first marriage.
    It is possible that this property was part of a marriage settlement of the second marriage. Could it then have named only children from that second marriage as having the right to inherit that property, hence precluding a son from a first marriage as being heir apparent of that particular property?

  2. #2
    Knowledgeable and helpful
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    Wakefield, West Yorkshire
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    Default

    You do not mention where this took place.
    In England & Wales the Statute of Wills enacted 1540 (Statute of Wills 32 Hen. 8, c. 1) allowed landholders to leave a will to determine who would inherit their land.
    Cheers
    Guy
    As we have gained from the past, we owe the future a debt, which we pay by sharing today.

  3. #3
    Newcomer to Brit-Gen
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    Default

    Thanks Guy, It was in England in 1582 involving property in Oxfordshire & Stratford-upon-Avon. So it looks like the eldest daughter of the second marriage could be made heir apparent over males from a first marriage if property involved in 2nd marriage settlement was to go to the children of that 2nd marriage. Unfortunately the parents did not leave wills (or that were proved) although well off.
    Simon

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