Gavelkind was a peculiar system of
land tenure associated chiefly with the county of
Kent, but found also in other parts of
England. Its inheritance pattern bears resemblance to
Salic patrimony and as such might testify in favour of a wider, probably ancient Germanic tradition. In Kent all land was presumed to be held by this tenure until the contrary is proved, but some lands have been disgavelled by particular statutes. It is more correctly described as
socage tenure, subject to the custom of gavelkind. The chief peculiarities of the custom were the following:A
tenant can
alienate his lands by
feoffment at fifteen years of age. There is no
escheat on
attainder for
felony, or as it is expressed in the old rhyme, "The father to the bough/The son to the plough."Generally the tenant could always dispose of his lands by
will. In case of
intestacy the
estate descends not to the eldest son but to all the sons (or, in the case of deceased sons, their representatives) in equal shares. Every son is as great a gentleman as the eldest son is. It is to this remarkable peculiarity that gavelkind no doubt owes its local popularity. Though females claiming in their own right are postponed to males, yet by representation they may
inherit together with them.A wife is
dowable of one-half, instead of one-third of the land. A widower may be tenant by
courtesy, without having had any issue, of one-half, but only so long as he remains unmarried. An act for commuting manorial rights in respect of lands of
copyhold and customary tenure contained a clause specially exempting from the operation of the act the custom of gavelkind as the same now exists and prevails in the county of Kent.
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