| 1289.032ss |
1289 |
Wiltshire Eyre |
Mortdancestor |
|
|
0 |
Edw. 1 |
Wiltshire 23 |
123 SS 439-440 |
| |
|
Magna Carta (1225), ch. 7 (la grant chartre) |
| Jon Olyver porta un bref de mordancestre de la mort Willem son frere ver un Alice la femme W. jadyz de une |
26 |
Brand: Alvred of Wyke had endowed his wife Edith at the church door with one third of all his lands plus a messuage and six acres. After his death she sued in an action of dower for one third of all his lands and also took possession of the messuage and six acres. His son brought Mortdancestor for the messuage and six acres. Edith pleaded in bar that she claimed the land in dower and that admeasurement of dower was the appropriate remedy if he claimed her dower was excessive. His son cited Magna Carta as showing that a widow could not claim in excess of one third of her husband's holding and the court held that by bringing her action for general dower she had waived her right to any specified dower. The court seems nonetheless to have considered that admeasurement of dower was the only appropriate remedy. The record shows that the parties reached a concord under which she quitclaimed all right in the property but was in return assigned a standard one-third dower share of it.
(mortdancestor) |
CUL MS Dd. 7.14, fols. 408r-408v
BL MS Addit. 5925, fol. 22v
BL MS Addit. 35116, fol. 70r |
|
|
|
| Paul A. Brand, The Earliest English Law Reports, vol. 4, 123 SS 439-440 (London 2007) (89 Wilts. 23) |
| JUST 1/1006, m. 22d |
0 |
|
|
2008-06-30 |
|
