Assize of mort d'ancestor

In English law, the assize of mort d'ancestor ("death of ancestor") was an action brought where a plaintiff claimed the defendant had entered upon a freehold belonging to the plaintiff following the death of one of his relatives.

It was one of the so-called "petty assizes" established by the Assize of Clarendon by Henry II in 1166 along with the Assize of Northampton (1176).^[1] By the Assize of Northampton, the lord must not prevent the heir having seisin forthwith on the ancestor's death, making this almost the final step in the development of common law heritability.^[2] Like the other two assizes, it was abolished in 1833.^[3]

Two early instances of such an action are recorded in feet of fine from the reign of King John for a family dispute between members of the de Brantingham family in Yorkshire in 1202.^[4][5] On 22 August 1202, one Matilda (or Maud), daughter of John de Brantingham, brought an action under the assize of mort d'ancestor against her sisters, Mary and Alice de Brantingham.^[4] Less than four months later, on 1 December 1202, John de Brantingham, son of Haldane the Deacon (and not to be confused with the later John de Brantingham, a Yorkshire clergyman), brought a similar action against his three daughters.^[5]

See also

• Assize of novel disseisin
• Assize of darrein presentment

References

1. An introduction to English Legal History, J.H. Baker 4th edition Oxford University press, p 234
2. "Early Actions", in Historical Foundations of the Common Law, S. F. C. Milsom
3.  Chisholm, Hugh, ed. (1911). "Assize". Encyclopædia Britannica (11th ed.). Cambridge University Press.
4. The Surtees Society: 48
5. The Surtees Society: 76

Bibliography

• Surtees Society (1897), Pedes finium ebor. regnante Johanne, AD MCXIX – AD MCCXIV, Publications of the Surtees Society, 94, Durham: Andrews and Co. and others.

Further reading

• Sutherland, Donald W. The Assize of Novel Disseisin. Oxford University Press. 21 June 1973. ISBN 0-19-822410-9.
• Pollock, Sir Frederick and Frederic William Maitland. The History of English Law Before the Time of Edward I. The Lawbook Exchange Ltd. 2nd edition. 30 September 1996. ISBN 1886363226.