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    The Atlas·Ideas

    Freedom of testamentary disposition

    idea · 2 works · 3 mentions · 4 anchored passages

    freedom of testamentary disposition · testamentary freedom · Wills · right of making Wills · right to bequeath · testamentary rights

    spoken of as

    1 expression

    Right to bequeath“testamentary freedom”1 mention

    Magna Carta: A Commentary on the Great Charter of King John (English)

    All testamentary rights over land or other real estate were then denied, not, as has sometimes been maintained, in the interests of the feudal lord, but rather of the expectant heir.
    ii.: the right to bequeath.

    in the texts

    Lectures on the Relation between Law and Public Opinion in England20th Century · English

    The English legal principle allowing free disposition of property by will, contrasted with the French system of compulsory equal division among heirs.

    In truth, the equal division of a man’s property among his descendants or his nearest relatives at his death, though almost essential to the maintenance of small estates, is thoroughly opposed to that absolute freedom of testamentary disposition to which Englishmen have so long been accustomed that they have come to look upon it as a kind of natural right.
    ch. 11
    The systematic and equal division of a deceased person’s property among his family thoroughly corresponds with French ideas of justice, and prohibits that formation of large hereditary estates which has long been a marked feature of English social life.
    ch. 11
    Freedom of testamentary disposition is a right or a privilege which few Englishmen desire to surrender.
    ch. 21

    Magna Carta: A Commentary on the Great Charter of King John20th Century · English

    The evolving legal recognition of a subject's power to direct the disposition of personal property after death, and the limits placed on royal and ecclesiastical interference with it.

    All testamentary rights over land or other real estate were then denied, not, as has sometimes been maintained, in the interests of the feudal lord, but rather of the expectant heir.
    ii.: the right to bequeath.
    John’s Charter makes no admission of any right of the church in the “proving” of Wills;
    ii.: the right to bequeath.
    ” If he attempts to dispose of his entire estate, wife and children may claim their legal rights, and “break the Will.
    ii.: the right to bequeath.