Partible inheritance is a system of

inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Of ...

in which property is apportioned among

heir Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Offic ...

s. It contrasts in particular with

primogeniture Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relativ ...

, which was common in

feudal Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structur ...

society and requires that the whole or most of the inheritance passes to the eldest son, and with

agnatic seniority Agnatic seniority is a patrilineal principle of inheritance where the order of succession to the throne prefers the monarch's younger brother over the monarch's own sons. A monarch's children (the next generation) succeed only after the males ...

, which requires the succession to pass to next senior male. Partible inheritance systems are common ones to be found in legal systems based on both

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

and the Napoleonic Code. In the latter case, there may be a further requirement implying division according to a scheme, such as equal shares for legitimate children. Partible inheritance has been common in ancient

Celtic Celtic, Celtics or Keltic may refer to: Language and ethnicity *pertaining to Celts, a collection of Indo-European peoples in Europe and Anatolia **Celts (modern) *Celtic languages **Proto-Celtic language *Celtic music *Celtic nations Sports Foo ...

and Germanic tribal societies, an example of the latter pattern is the so-called

Salic patrimony Terra Salica was a type of land property invented by the Salian Franks. The Merovingians had two types of land property: '' de alode'' and terra Salica; the former could be inherited by both sexes, while the latter was restricted to men. The Frankis ...

. Historically speaking, non-partible inheritance has been associated with

monarchies A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy), ...

and the wish for landed

estates Estate or The Estate may refer to: Law * Estate (law), a term in common law for a person's property, entitlements and obligations * Estates of the realm, a broad social category in the histories of certain countries. ** The Estates, representati ...

to be kept together as units. In the

Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...

, the partible inheritance systems, for example, of the

Merovingian dynasty The Merovingian dynasty () was the ruling family of the Franks from the middle of the 5th century until 751. They first appear as "Kings of the Franks" in the Roman army of northern Gaul. By 509 they had united all the Franks and northern Gauli ...

, the

Carolingian Empire The Carolingian Empire (800–888) was a large Frankish-dominated empire in western and central Europe during the Early Middle Ages. It was ruled by the Carolingian dynasty, which had ruled as kings of the Franks since 751 and as kings of the L ...

and the

Kievan Rus Kievan Rusʹ, also known as Kyivan Rusʹ ( orv, , Rusĭ, or , , ; Old Norse: ''Garðaríki''), was a state in Eastern Europe, Eastern and Northern Europe from the late 9th to the mid-13th century.John Channon & Robert Hudson, ''Penguin Hist ...

had the effect of dividing kingdoms into princely states, and are often thought to be responsible for their gradual decline in power. Partible inheritance was the generally-accepted form of inheritance adopted in New England in the 18th century. The southern colonies adopted a system of male primogeniture in cases of

intestacy Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the esta ...

, and the northern colonies adopted a system of partible inheritance in cases of intestacy, with the eldest son receiving a double portion of the estate. In practice, a strong

bequest A bequest is property given by will. Historically, the term ''bequest'' was used for personal property given by will and ''deviser'' for real property. Today, the two words are used interchangeably. The word ''bequeath'' is a verb form for the act ...

motive in the colonies adopting multigeniture reduced the variability in demographic experiences across colonies with different inheritance systems.

References

* {{DEFAULTSORT:Partible Inheritance Inheritance Legal terminology Sibling

See also

References