{"title":"Family interests and settlements at common law","authors":"J. Baker","doi":"10.1093/oso/9780198847809.003.0003","DOIUrl":null,"url":null,"abstract":"The cases in this chapter relate to property provisions for widows (dower), widowers (curtesy), younger sons, and daughters. A group of reports throws light on the difficulties in interpreting conditional gifts restricted to descendants, culminating in the Statute De Donis (1285) and its outcome, the statutory fee tail. Later reports show the perplexity occasioned over the legal nature of the fee tail and its durability. There are also discussions of the common recovery as a method of barring the entail, of the concept of the remainder, and of doubts about the validity of contingent remainders.","PeriodicalId":197105,"journal":{"name":"Baker and Milsom Sources of English Legal History","volume":"68 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Baker and Milsom Sources of English Legal History","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/oso/9780198847809.003.0003","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The cases in this chapter relate to property provisions for widows (dower), widowers (curtesy), younger sons, and daughters. A group of reports throws light on the difficulties in interpreting conditional gifts restricted to descendants, culminating in the Statute De Donis (1285) and its outcome, the statutory fee tail. Later reports show the perplexity occasioned over the legal nature of the fee tail and its durability. There are also discussions of the common recovery as a method of barring the entail, of the concept of the remainder, and of doubts about the validity of contingent remainders.
本章的案例涉及寡妇(嫁妆)、鳏夫(屈膝礼)、小儿子和女儿的财产规定。一组报告阐明了解释限制给后代的有条件赠与的困难,最终以1285年的《唐尼斯法令》(Statute De Donis)及其结果——法定费尾(法定费尾)告终。后来的报道显示了对收费尾巴的法律性质及其持久性所引起的困惑。也有人讨论将共同追回作为一种禁止继承的方法,讨论剩余财产的概念,以及讨论对或有剩余财产的有效性的怀疑。