Gavelkind

Gavelkind, the common custom of the descent of land in Kent, almost the whole of which county was formerly subject to this tenure. Gavelkind before A.D. 1066 was the general custom of the realm; the feudal custom of primogeniture superseded it. It was retained in Kent, because, according to historical legend, the Kentish men surrounded William the Conqueror with a moving wood of boughs just after the slaughter at Hastings, and for that service obtained a confirmation of their ancient rights. The distinguishing properties of gavelkind are principally the following: - 1. The tenant is of age sufficient to alienate his estate by feoffment at the age of 15 years. [Feoffment.]

2. The estate did not escheat in case of attainder for felony, the maxim being "the father to the bough, the son to the plough." [Attainder.]

3. In most places where the tenure is gavelkind, the tenant always enjoyed the power of disposing of his lands and tenements by will.

4. The lands descend not to the eldest, youngest, or any one son only, but to all the sons together, which was anciently the usual course of descent all over England. [Descent.]

5. The wife is dowable of one-half instead of one-third of the lands, so long as she remains chaste and unmarried. [Dower.]

6. The husband will be tenant by the curtesy, whither there be issue born or not, but only of one half so long as he remains unmarried. [Curtesy, Tenant by.]

These, among other properties, distinguish this, to us nowadays, remarkable tenure. By a statute of Henry Villi, certain lands in Kent are directed to be descendible for the future like other lands. This custom also prevails in some other parts of the country and in some copyhold manors. [Common Law. J Gavial. [Gharial.]