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The Long-Standing Connection Between Real Estate Law and Probate
I am reading a series of lectures delivered in 1972 by S.F.C. Milsom and collected in The Legal Framework of English Feudalism (Cambridge University Press 1976). The text is difficult, as it frequently refers to rights, remedies, and procedures that long ago ceased to be relevant in the law of English-speaking nations.
Still, as I read along, I can see contours develop that explain how the law evolved from the year 1200 forward. The lecturer concentrates on legal writings from the early 1200s, when England was still operating under a feudal system.
Scholars tell us that the law of real property and the law of descent (i.e., succession to real property) were closely connected, at least through 1850. So intimately connected that both topics were covered in one treatise, which focused on grants in real property.
Considering the feudal roots of English law, this connection makes sense. The feudal system was dependent on duties and obligations owed by the holder of a tenement to his lord. (Note that I did not say “tenant” – this word implies a more modern relationship.)
Feudal duties were greater than those relating to (i) payment of rent and (ii) the maintenance and use of the ... more

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