Family, Law, and Inheritance in America

Family, Law, and Inheritance in America
Author: Yvonne Pitts
Publisher: Cambridge University Press
Total Pages: 219
Release: 2013-05-20
Genre: History
ISBN: 1107035503

Yvonne Pitts explores nineteenth-century inheritance practices by focusing on testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills, claiming the testator lacked the capacity required to write a valid will. By anchoring the study in the history of local communities and the texts of elite jurists, Pitts demonstrates that "capacity" was a term laden with legal meaning and competing communal values.

Family, Law, and Inheritance in America

Family, Law, and Inheritance in America
Author: Yvonne Pitts
Publisher:
Total Pages:
Release: 2013
Genre: Inheritance and succession
ISBN: 9781107241763

"Yvonne Pitts explores inheritance practices by focusing on nineteenth-century testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills. These disappointed heirs claimed that their departed relative lacked the capacity required to write a valid will. These inheritance disputes criss-crossed a variety of legal and cultural terrains, including ordinary people's understandings of what constituted insanity and justice, medical experts' attempts to infuse law with science, and the independence claims of women. Pitts uncovers the contradictions in the body of law that explicitly protected free will while simultaneously reinforcing the primacy of blood in mediating claims to inherited property. By anchoring the study in local communities and the texts of elite jurists, Pitts demonstrates that 'capacity' was a term laden with legal meaning and competing communal values about family, race relations and rationality. These concepts evolved as Kentucky transitioned from a conflicted border state with slaves to a developing free-labor, industrializing economy"--

The Family and Inheritance

The Family and Inheritance
Author: Marvin Sussman
Publisher: Russell Sage Foundation
Total Pages: 382
Release: 1970-12-31
Genre: Social Science
ISBN: 1610446984

Two sociologists and a lawyer examine here the attitudes of both survivors and attorney on various problems surrounding inheritance—from will-making through estate settlement. Within a legal frame of reference, this book is a study of what happens within a family at death—and why. The authors use the "inheritance unit" as the basis for looking at the functions of inheritance in intergenerational family continuity and the general patterns of family relationship.

Family and Succession Law in the USA

Family and Succession Law in the USA
Author: Lynn Dennis Wardle
Publisher: Kluwer Law International B.V.
Total Pages: 429
Release: 2022-07-20
Genre: Law
ISBN: 9403545321

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in the USA covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with the USA. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

History of Inheritance Law

History of Inheritance Law
Author: Harry L. Munsinger J.D. Ph.D.
Publisher: Archway Publishing
Total Pages: 154
Release: 2020-11-09
Genre: Law
ISBN: 1480898422

Experts estimate that eighty percent of household wealth is inherited, and the average American who died in 2015 left approximately $177,000 to his or her family. Harry L. Munsinger, a lawyer practicing in Texas, explores the history of inheritance law in this fascinating book. Topics include: • English laws of succession, which evolved to favor wealthy families by passing real estate and family titles to the eldest surviving son. In contrast, the American colonies developed a democratic system of inheritance where land was divided equally among all the sons. • Goals of early inheritance laws, which were to keep ancestral lands in the family and to determine who would take the land when a father died. • Ways American laws of succession followed English common law during the colonial period and then developed variations more suited to America’s social and economic needs after the colonies won their independence from Britain. The author also highlights how any interested party can allege a defect in the execution of a will, how trusts were developed by courts of equity to avoid the rigid rules of English common law governing legal title and use of real property, and how families can safely and effectively transfer wealth.

Inheritance and Family Life in Colonial New York City

Inheritance and Family Life in Colonial New York City
Author: David E. Narrett
Publisher:
Total Pages: 272
Release: 1992
Genre: History
ISBN:

This book breaks new ground by offering the first detailed and systematic analysis of inheritance practices in New York City from the beginning of Dutch settlement in the 1620s to the onset of the American Revolution. By analyzing a broad range of original sources--including more than 2,300 wills--David E. Narrett shows how the transmission of property at death reflected the distribution of power and authority within the family. The author makes an especially important contribution to early New York history by explaining the Dutch origins of social and family customs, and by tracing the persistence of Dutch ways following the English conquest of New Netherland in 1664. He demonstrates that seventeenth-century Dutch law was particularly favorable to women since it sanctioned community property within marriage, the drafting of mutual wills by spouses, and the equal (or nearly equal) division of property among all children. While the book maintains its comparative focus on the Dutch and English traditions, it also includes material on other ethnic groups (for example, French Huguenots and Jews) living in a pluralistic society. Narrett utilizes both Dutch and English language sources to examine such pertinent topics as the relationship between law and social custom, primogeniture, kinship and communal ties, charitable bequests, the manumission of slaves, and the literacy level of testators.Written in a clear and precise manner, the book includes many tables that will give readers immediate access to supporting data, and a conclusion establishes the relationship of Narrett's findings to relevant scholarship. A valuable addition to the literature on inheritance, this is a book whose conclusions and data will be mined by colonialists, legal historians, and historians of women and the family.

Family Systems and Inheritance Patterns

Family Systems and Inheritance Patterns
Author: Judith N. Cates
Publisher: Psychology Press
Total Pages: 132
Release: 1982
Genre: Family & Relationships
ISBN: 9780866561587

Specialists in economics, law, psychology, and sociology provide a comprehensive examination of the disposition of property following a death.

Family Law in America

Family Law in America
Author: Sanford N. Katz
Publisher: Oxford University Press, USA
Total Pages: 337
Release: 2021
Genre: Law
ISBN: 0197554318

"In Family Law in America Professor Sanford N. Katz examines the present state of family law in America. This third edition captures recent developments, including the transformation of the institution of marriage from being a relationship between a man and a woman to encompassing same-sex marriage. In this regard, this edition includes a full discussion and analysis of Obergefell v. Hodges, the United States Supreme Court case which held in a 5-4 decision that the bans on same-sex marriage in Michigan, Kentucky, Ohio, and Tennessee were unconstitutional. The Court held that the right to marry a person of the same sex is protected by the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and therefore may not be denied in any state"--

American Family Laws: Parent and child

American Family Laws: Parent and child
Author: Chester Garfield Vernier
Publisher:
Total Pages: 534
Release: 1936
Genre: Alcoholism
ISBN:

Vols. 1-2 cover laws to Jan. 1, 1931 ; Vol. 3-4 to Jan. 1, 1935 ; Vol. 5 covers laws to Jan. 1, 1937.