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Under the Act of Settlement 1701, the throne of the Kingdom of England was settled on the Electress Sophia of Hanover and the "heirs of her body", this phrase being understood under English common law to imply male-preference primogeniture, [4] meaning that brothers would precede sisters in the line of succession irrespective of order of birth.
In law, primogeniture is the rule of inheritance whereby land descends to the oldest son. Under the feudal system of medieval Europe, primogeniture generally governed the inheritance of land held in military tenure (see knight). The effect of this rule was to keep the father's land for the support of the son who rendered the required military ...
After the Norman conquest, male primogeniture became widespread throughout England, becoming the common law with the signing of Magna Carta in 1215, only slightly later than in Scotland. [130] After 1540, a testator could dispose of its immovable property as he saw fit with the use of a testament , but until 1925 it was still inherited solely ...
The Statute of Wills or Wills Act 1540 (32 Hen. 8.c. 1) was an Act of the Parliament of England.It made it possible, for the first time in post-Conquest English history, for landholders to determine who would inherit their land upon their death by permitting devise by will.
Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". [1]
However, Andrew’s place in the order of succession is ahead of Anne’s because the system of male primogeniture was still in effect at the time of Anne and Andrew’s respective births.
These concepts are in use in English inheritance law. The rules may stipulate that eligible heirs are heirs male or heirs general – see further primogeniture (agnatic, cognatic, and also equal). Certain types of property pass to a descendant or relative of the original holder, recipient or grantee according to a fixed order of kinship.
Gavelkind (/ ˈ ɡ æ v əl k aɪ n d /) was a system of land tenure chiefly associated with the Celtic law in Ireland and Wales and with the legal traditions of the English county of Kent. The word may have originated from the Old Irish phrases Gabhaltas-cinne or Gavail-kinne , which meant "family settlement" (Modern Gaelic gabhail-cine ). [ 1 ]