gavelkind


   


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Gav"el*kind` (?), n. [OE. gavelkynde, gavelkende. See Gavel tribute, and Kind, n.]

(O. Eng. Law) A tenure by which land descended from the father to all his sons in equal portions, and the land of a brother, dying without issue, descended equally to his brothers. It still prevails in the county of Kent. Cowell.


Quotes From Classical Literature on 'gavelkind'

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there are local customs which modify that statute. Now which of all these systems is conformed to the eternal standard of right? Is it primogeniture, or gavelkind , or borough English? Are wills jure divino? Are the two witnesses jure divino? Might not the pars rationabilis of our old law have a fair claim to be regarded as of celestial institution? Was the statute of distributions enacted in Heaven long before it was adopted by Parliament? Or is it to Custom of York, or to Custom of London, that this pre-
nation does not belong to the territory, but the territory to the nation or its chief. The Irish and Anglo-Saxons, in former times, held the land in gavelkind , and the territory belonged to the tribe or sept; but if the tribe held it as indivisible, they still held it as private property. The shah of Persia holds the whole Persian territory as private property, and the landholders among his subjects are held to be his tenants. They hold it from him, not from the Persian state.
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