Frank Marriage

A species of estate tail where the donee had married one of kin (as daughter or cousin) to the donor, and held the estate subject to the implied condition that the estate was to descend to the issue of such marriage. On birth of issue, as in other cases of estate tail before the statute De Bonis, the birth of issue was regarded as a condition performed, and the estate thereupon became alienable by the donee. 1 Cruise, Dig. 71; 1 Washb. Real Prop. 67. The estate is said to be in frank marriage because given in consideration of marriage, and free from services for three generations of descendants. Blount; Cowell. See, also, 2 Sharswood, Bl. Comm. 115; 1 Steph. Comm. 232.

A species of estatetail where the donee had married one of kin (as daughter or cousin) to the donor and held the estate subject to the implied condition that the estate was to descend to the issue of such marriage. On birth of issue, as in other cases of estate-tail before the statute De donis, the birth of issue was regarded as a condition performed, and the estate thereupon became alienable by the donee; 1 Cruise, Dig. 71; 1 Washb. R. P. 67. The estate is said to be in frank-marriage because given in consideration of marriage and free from services for three generations of descendants; Blount; Cowell. See, also, 2 Bla. Com. 115; 1 Steph. Com. 232. FRANK-PL^DGE. A pledge or surety for freemen. Termes de la Ley. Also called Frithborr. their number that he should be forthcoming to answer every violation of law. Each boy, on reaching the age of fourteen, was obliged to find some such pledge, or he committed to prison; Blount; Cowell; 1 Bla. Com. 114. See View of Prank Pledge; Tithing; Vill. It Was in force In Pennsylvania; Meyers, Immlgr. of Quakers.

A species of entailed estates, in English law, now grown out of use, but still capable of subsisting. When tenements are given by one to another, together with a wife, who is a daughter or cousin of the donor, to hold in frank-marriage, the donees shall have the tenements to them and the heirs of their two bodies begotten, i. e., in special tail. For the word "frank-marriage," ex vi termini, both creates and limits an inheritance, not only supplying words of descent, but also terms of procreation. The donees are liable to no service except fealty, and a reserved rent would be void, until the fourth degree of consanguinity be passed between the issues of the donor and donee, when they were capable by the law of the church of intermarrying. Litt. § 19; 2 Bl. Comm. 115.

Defined under Frank in Black's Law Dictionary.

[L. Lat. liberum maritagium.] In English law. A species of entailed estate now grown out of use, but still capable of subsisting. It is defined to be, where tenements are given by one man to another, together with a wife, who is the daughter or cousin [that is, of the blood] of the donor, in frank marriage. Litt. sect. 17. By such gift the donees have the tenements to them and the heirs of their two bodies begotten, that is, they are tenants in special tail. 2 Bl. Com. 116. 1 Steph. Com. 232. The land itself so given in consideration of marriage (propter nuptias,) was called maritagium, and it was called free, because it was free and quit from all secular service until the third heir inclusive, (terra sic data quieta sit et libera ab omni seculari servitio — usque ad tertium hoeredem.) Bract. fol. 21, 21 b. Cowell. Blount.

English law, takes place, according to Blackstone, when lands are given by one man to another, together with a wife who is daughter or kinswoman of the donor, to hold in frank-marriage. By this gift, though nothing but the word frank-marriage 1s expressed, the donees shall have the tenements to them and the heirs of their two bodics begotten; that 1s they are tenants in special tail. It is called. frank.or free marriage, because the donces are liable to no service but fealty. This is now obsolete even the same as freehold, (q. v.) or liberum tenementum.