Frank-marriage
Encyclopedia
Frank-marriage in real property law, a species of estate tail
, now obsolete.
When a man was seized of land in fee simple
, and gave it to a daughter on marriage, the daughter and her husband were termed the donees in frank-marriage, because they held the land granted to them and the heirs of their two bodies free from all manner of service, except fealty
, to the donor or his heirs until the fourth degree of consanguinity
from the donor was passed.
This right of a freeholder so to give away his land at will was first recognized in the reign of Henry II
, and became up to the reign of Elizabeth I
the most usual kind of settlement.
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Fee tail
At common law, fee tail or entail is an estate of inheritance in real property which cannot be sold, devised by will, or otherwise alienated by the owner, but which passes by operation of law to the owner's heirs upon his death...
, now obsolete.
When a man was seized of land in fee simple
Fee simple
In English law, a fee simple is an estate in land, a form of freehold ownership. It is the most common way that real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved...
, and gave it to a daughter on marriage, the daughter and her husband were termed the donees in frank-marriage, because they held the land granted to them and the heirs of their two bodies free from all manner of service, except fealty
Fealty
An oath of fealty, from the Latin fidelitas , is a pledge of allegiance of one person to another. Typically the oath is made upon a religious object such as a Bible or saint's relic, often contained within an altar, thus binding the oath-taker before God.In medieval Europe, fealty was sworn between...
, to the donor or his heirs until the fourth degree of consanguinity
Consanguinity
Consanguinity refers to the property of being from the same kinship as another person. In that respect, consanguinity is the quality of being descended from the same ancestor as another person...
from the donor was passed.
This right of a freeholder so to give away his land at will was first recognized in the reign of Henry II
Henry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...
, and became up to the reign of Elizabeth I
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
the most usual kind of settlement.
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