Gavelkind

The tenure by which almost all lands in England were held prior to the Conquest, and which is still preserved in Kent. All the sons of a tenant of gavelkind lands take equally, or their heirs male and female by representation.

104 Ill. App. 170.

The wife of such tenant is dowable of one-half the lands. The husband of such tenant has curtesy, whether issue be born or not, but only of one-half while without issue. Such lands do not escheat, except for treason or want of heirs. The heir of such lands may sell at fifteen years old, but must himself give livery. The rule as to division among brothers, in default of sons is the same as among the sons. Lord Coke derives gavelkind from "gave all kinde"; for this custom gave to all the sons alike (1 Co. Litt. 140a); Lambard, from gavel, rent, — that is, land of the kind that pays rent or customary husbandry work, in distinction from lands held by knight service (Perambulations of Kent, 1656, p. 585).