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Encyclopedia > De Donis Conditionalibus

De donis conditionalibus is the chapter of the English Statutes of Westminster (1285) which originated the law of entail. Royal motto: Dieu et mon droit (French: God and my right) Englands location within the UK Official language English de facto Capital London de facto Largest city London Area - Total Ranked 1st UK 130,395 km² Population - Total (mid-2004) - Density Ranked 1st UK 50. ... This article deals with the Statutes of Westminster passed in thirteenth century. ... Events Night watch created in Winchester, England - every householder patrols one night in turn The writ Circumspecte Agatis defines the jurisdictions of church and state in England Births Emperor Go-Nijo of Japan Pope Benedict XII Deaths March 28 - Pope Martin IV Categories: 1285 ... Entail (from French tailler, to cut; the old derivation from tales haeredes is now abandoned), in law, a limited form of succession (q. ...


Strictly speaking, a form of entail was known before the Norman feudal law had been domesticated in England. The common form was a grant "to the feoffee and the heirs of his body," by which limitation it was sought to prevent 'alienation from the lineage of the first purchaser. These grants were also known as feuda conditionata, because if the donee had no heirs of his body the estate reverted to the donor. This right of reversion was evaded by the interpretation that such a gift was a conditional fee, which enabled the donee, if he had an heir of the body born alive, to alienate the land, and consequently disinherit the issue and defeat the right of the donor. To remedy this the statute De donis conditionalibus was passed, Which enacted that, in grants to a man and the heirs of his body, the will of the donor according to the form in the deed of gift manifestly expressed, should be from thenceforth observed; so that they to whom the land was given under such condition, should have no power to alienate the land so given, but that it should remain unto the issue of those to whom it was given after their death, or unto the giver or his heirs, if issue fail. Since the passing of the statute an estate given to a man and the heirs of his body has been known as an estate tail, or an estate in fee tail (feudum talliatum), the word tail being derived from the French tailler, to cut, the inheritance being by the statute cut down and confined to the heirs of the body. The operation of the statute soon produced innumerable evils : " children, it is said, grew disobedient when they knew they could not be set aside ; farmers were deprived of their leases; creditors were defrauded of their debts; innumerable latent entails were produced to deprive purchasers of the land they had fairly bought; treasons also were encouraged, as estates tail were not liable to forfeiture longer than for the tenant's life " (Williams, Real Property). Accordingly, the power of alienation was reintroduced by the judges in Taltarum's case (Year Book, 12 Edward IV., 1472) by means of a fictitious suit or recovery which had originally been devised by the regular clergy for evading the statutes of mortmain. This was abolished by an act passed in 1833. The Statute of Mortmain were two enactments, in 1279 and 1290 by King Edward I of England aimed at preserving the kingdoms revenues by preventing land from passing into the possession of the Church. ...


This article incorporates text from the 1911 Encyclop√¶dia Britannica, which is in the public domain. Supporters contend that the Eleventh Edition of the Encyclopædia Britannica (1911) represents, in many ways, the sum of knowledge at the beginning of the 20th century. ... The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...


 
 

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