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Married Women's Wills: Probate, Property, and Piety in Later Medieval England
Law and History Review ( IF 0.769 ) Pub Date : 2019-02-11 , DOI: 10.1017/s0738248018000652
Cordelia Beattie

This article responds to a debate about the clash between canon law and common law positions on whether married women in England could make wills and what freedoms they had in terms of bequeathing property. In particular, it revises the argument that wives largely ceased to make wills c.1450 by arguing that local customs should be given more attention. The article offers a detailed study of the surviving wills in the deanery of Wisbech 1465–77, its linked diocese of Ely 1449–1505, and the probate acta of the Archdeaconry of Buckingham 1483–97, in order to demonstrate that there was regional variation in the decline in married women's will-making. In particular, a focus on court books, which included visitation material alongside the enrolled wills and probate acta, enables more to be said about the kinds of married women who continued to make wills and their motivations. The article argues that in these areas, as well as a continued tendency for wives who had some land or buildings to make wills, married women who had close connections with men who acted as churchwardens or jurors in church courts were also more likely to have their wills proved, even when they had little to bequeath.

中文翻译:

已婚妇女的遗嘱:中世纪晚期英格兰的遗嘱认证、财产和虔诚

本文回应了关于英国已婚妇女是否可以立遗嘱以及她们在遗赠财产方面拥有哪些自由的教规法和普通法立场之间的冲突的辩论。特别是,它修正了妻子在 1450 年基本停止订立遗嘱的论点,认为应该给予当地习俗更多的关注。这篇文章详细研究了 Wisbech 1465-77 年的院长、其关联的伊利教区 1449-1505 年以及白金汉大执事 1483-97 年的遗嘱认证书,以证明存在地区差异已婚妇女的意志力下降。特别是对法庭书籍的关注,其中包括探视材料以及登记的遗嘱和遗嘱认证书,可以更多地了解继续立遗嘱的已婚妇女的种类及其动机。这篇文章认为,在这些领域,以及拥有一些土地或建筑物的妻子继续立遗嘱的趋势,已婚妇女与在教堂法庭担任教堂看守人或陪审员的男性有密切联系的已婚妇女也更有可能拥有自己的遗嘱。遗嘱得到证明,即使他们没有什么可遗赠的。
更新日期:2019-02-11
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