testation

However, eldest sons were not always favored in testation practices.

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Anything called “freedom of testation” just has to be protected by the right to privacy, btw.

The Volokh Conspiracy » Enforcing Trusts That Exclude Family Members Who Marry Non-Jews: 2009

In England, at least testation of land was restricted until the Statute of Wills in1540.

The Volokh Conspiracy » Enforcing Trusts That Exclude Family Members Who Marry Non-Jews: 2009

Aside from a variance in inheritance traditions, the most discernible ethnic difference in testation practices on the southern Avalon appeared in the status of women in testamentary documents.

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The principle of primogeniture was often tempered by concerns for the support and maintenance of widows and daughters, and a concern for more equitable distribution influenced testation practices.

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Note 9: Both Johnson and I see greater flexibility in local testation practices than Cadigan, who sees the inheritance regime as a bulwark of the patriarchal family structure.

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On the southern Avalon, as elsewhere in Newfoundland, testation practices were marked by a more equitable distribution of property than that advocated by English common law.

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Both English and Irish testators in the area shared a preference for fairly equitable testation practices, with accommodation being made for all family members, albeit with a favoring of sons in terms of primary fishing premises.

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Certainly, they were not thrown at the mercy of their children by virtue of exclusionary testation practices — a process described by Nanciellen Davis in the context of nineteenth-century New Brunswick as "patriarchy from the grave."

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Johnson notes that women's testation practices in Newfoundland, like men's, followed the customary practice of partible inheritance.

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