Assize of mort d'ancestor

Assize of mort d'ancestor

In English law, the Assize of mort d'ancestor ("death of ancestor") was an action brought where a plaintiff claimed the defendant had entered upon a freehold belonging to the plaintiff following the death of one of his relatives.

It was one of the so-called "petty assizes" established by the Assize of Clarendon by Henry II in 1176 with the Azzize of Northampton[1]]. Like the other two assizes, it was abolished in 1833.[2]

Two early instances of such an action are recorded in feet of fine from the reign of King John for a family dispute between members of the de Brantingham family in Yorkshire in 1202.[3][4] On 22 August 1202, one Matilda (or Maud), daughter of John de Brantingham, brought an action under the assize of mort d'ancestor against her sisters, Mary and Alice de Brantingham.[3]. Less than four months later, on 1 December 1202, John de Brantingham, son of Haldane the Deacon (and not to be confused with the later John de Brantingham, a Yorkshire clergyman), brought a similar action against his three daughters.[4]

Contents

See also

References

  1. ^ An introduction to English Legal History, J.H. Baker 4th edition Oxford University press, p234
  2. ^  This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed (1911). Encyclopædia Britannica (11th ed.). Cambridge University Press. 
  3. ^ a b The Surtees Society: 48
  4. ^ a b The Surtees Society: 76

Bibliography

Further reading


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  • assize of mort d'ancestor — Assize of the death of the ancestor; a writ of assize to recover land from an abator of which the demandant s father or mother, brother or sister, uncle or aunt, nephew or niece had died seised. See 3 Bl Comm 185 …   Ballentine's law dictionary

  • mort d'ancestor — /mort dinsastar/ An ancient and now almost obsolete remedy in the English law. An assize of mort d ancestor was a writ which lay for a person whose ancestor died seised of lands in fee simple, and after his death a stranger abated; and this writ… …   Black's law dictionary

  • mort d'ancestor — /mort dinsastar/ An ancient and now almost obsolete remedy in the English law. An assize of mort d ancestor was a writ which lay for a person whose ancestor died seised of lands in fee simple, and after his death a stranger abated; and this writ… …   Black's law dictionary

  • Mort d'Ancestor — Action to discover whether ancestor dies in possession of land, thus validating his heir s succession. (Sayles, George O. The King s Parliament of England, 145) Related terms: Assize, Disseisin, Novel Disseisin, Seisin …   Medieval glossary

  • mort d'ancestor — The death of an ancestor; a writ of assize to recover land from an abator of which the demandant s father or mother, brother or sister, uncle or aunt, nephew or niece had died seised. See 3 Bl Comm 185 …   Ballentine's law dictionary

  • Mort d'ancestor — A writ issued by *chancery which sought to establish the rightful heir of a property. The case was decided by a jury assembled by the *sheriff and held before one of the travelling justices or *justice in eyre. The question to be answered was… …   Dictionary of Medieval Terms and Phrases

  • assize — assize, or assise (obsolete) /asayz/ An ancient species of court, consisting of a certain number of men, usually twelve, who were summoned together to try a disputed cause, performing the functions of a jury, except that they gave a verdict from… …   Black's law dictionary

  • assize, or assise — (obsolete) /asayz/ An ancient species of court, consisting of a certain number of men, usually twelve, who were summoned together to try a disputed cause, performing the functions of a jury, except that they gave a verdict from their own… …   Black's law dictionary

  • assize — assize, or assise (obsolete) /asayz/ An ancient species of court, consisting of a certain number of men, usually twelve, who were summoned together to try a disputed cause, performing the functions of a jury, except that they gave a verdict from… …   Black's law dictionary

  • assize, or assise — (obsolete) /asayz/ An ancient species of court, consisting of a certain number of men, usually twelve, who were summoned together to try a disputed cause, performing the functions of a jury, except that they gave a verdict from their own… …   Black's law dictionary

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