Devising, dying and dispute : probate litigation in early modern England / Lloyd Bonfield.
2012
KD1518 .B66 2012 (Map It)
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Details
Author
Title
Devising, dying and dispute : probate litigation in early modern England / Lloyd Bonfield.
Published
Farnham, Surrey ; Burlington, Vt. : Ashgate, [2012]
Copyright
©2012
Call Number
KD1518 .B66 2012
ISBN
9781409434276 (hardcover : alk. paper)
1409434273 (hardcover : alk. paper)
9781409434283 (ebook)
1409434281 (ebook)
1409434273 (hardcover : alk. paper)
9781409434283 (ebook)
1409434281 (ebook)
Description
xvi, 293 pages ; 24 cm
System Control No.
(OCoLC)759084204
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Murray Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Murray Fund
Table of Contents
List of Tables
vii
Preface
ix
List of Cases
xi
Introduction: Devising, Dying, and Dispute in Early Modern England
1
1.
The `Culture of Will-Making' in Early Modern England
15
pt. I
THE FORUM AND ITS LITIGATION
2.
Probate Jurisdiction in Early Modern England: England's Own `Peculiar Institution' in Crisis
45
3.
Disputes: The Subject Matter of Testamentary Litigation
65
pt. II
THE LEGAL ISSUES: MENTAL ELEMENT IN WILL-MAKING AND THE AUTHENTICITY OF LEGAL ACTS
4.
`Of Sound and Disposing Mind and Memory': Testamentary Capacity and Undue Influence
81
5.
Estate Plans by `Word of Mouth': The Validity of Nuncupative Wills
109
6.
The Sanctity of the Written Word: Testamentary Causes Challenging the Authenticity and Due Execution of Written Wills
131
7.
Which Shall It Be? Multiple Testamentary Documents and the Revocation of Wills
157
pt. III
WINDOWS INTO SOCIAL RELATIONSHIPS
8.
Contested Successions and Contested Marriages: Evidence from the Records of the Prerogative Court of Canterbury
179
9.
Discord and Disinheritance: Windows into Family Relations from Testamentary Litigation
203
10.
The Myriad Roles of Women in Will-Making and Testamentary Litigation in Late Seventeenth-Century England
225
Conclusion
243
Appendix: A primer on probate jurisdiction in early modern England, probate procedure in the Prerogative Court of Canterbury, the sources used in this study, and how the evidence was assembled
247
Bibliography
261
Index
291