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However, in Scotland, Salic law or any of its variations have never been practised, and all the hereditary titles are inherited through male-preference primogeniture, where in the extinction of a male line, the eldest sister automatically receives the titles, and rules in her own right, not in the right of her son.
In Scotland, by contrast, a strict form of male primogeniture prevailed (and still prevails) even among peasants. [ 134 ] [ 135 ] The Scottish clan of the feudal era, which survived in the Highlands until 1747, was the only known example of a conical clan in Europe, along with the Roman gens according to Fustel de Coulanges . [ 136 ]
The issue of primogeniture was a primary component and issue in the case and a lawyer working alongside her on the case pointed out that until that subject was laid out clearly in the courts, such cases involving trans rights and inheritance would continue, prompting her to begin looking into past legal decisions.
However, in Scotland, Salic law or any of its variations have never been practised, and all the hereditary titles are inherited through male-preference primogeniture, where in the extinction of a male line, the eldest sister automatically receives the titles, and rules in her own right, not in the right of her son.
The Zulus also practiced patrilineal primogeniture, allowing only minimal grants of land to younger sons. D.H. Reader writes in "Zulu Tribe in Transition: The Makhanya of southern Natal": "Within a given descent group, dominant or not in the sub-ward, the senior agnate will sometimes make known to his sons before he dies the land which he ...
Less often, the practice was extended to the youngest daughter, sister, aunt, etc. [6] Its origin is much disputed, but the Normans, who generally practiced primogeniture, considered it to be a Saxon legacy. [5] A 1327 court case found it to be the practice of the English burgh at Nottingham but not of the town's "French" district. [7]
The Jacobite succession is the line through which Jacobites believed that the crowns of England, Scotland, and Ireland should have descended, applying male preference primogeniture, since the deposition of James II and VII in 1688 and his death in 1701.
The continual division of lands and titles with each successive generation has been seen by some historians as detrimental to the success and stability of Welsh princes and lords, especially compared to the system of primogeniture practised in Norman England and by the Marcher Lords, whose entire patrimony was often passed on directly to the ...