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).

gavelkynd, gavelkende.

In English law. A kind of socage tenure peculiar to the county of Kent, where lands descend to all the sons equally, or to heirs of the nearest degree, and where the lands do not escheat for felony, may be devised, and may be aliened by the heir when he comes to the age of fifteen, and where there is dower and curtesy in half the land.

A species of socage tenure common in Kent, in England, where the lands deseend to all the sons, or heirs of the nearest desree, together; may be disposed of by will; do not escheat for felony; may be aliened by the heir at the age of fifteen; and dower and curtesy is given of half the land. stim. Law Gloss.

* A particular custom in vogue in Kent (though perhaps general till the Conquest) which ordained that all sons alike should succeed to their father's estate. The estate was not subject to escheat for attainder; the tenant could alien by enfeoffment at fifteen, and could devise by will. It was a species of socage tenure modified by custom. ^

A species of socage tenure, the lands descend to all the sons, or heirs together; may be disposed of by will; do may be aliened by the heir at the age of curtesy is given of half the land.

Gavelkynd. A customary tenure in England, peculiar for the most part to the county of Kent, by which the land of the father is equally divided at his death among all his sons, or the land of the brother among all his brethren, if he have no issue of his own. Kitch. fol. 107. Cowell Blount. 2 Bl. Com. 84. 1 Steph. Com.bZ, 201. Z»«. sect. 210, 265. The other distinguishing properties of this tenure are that the tenant is of age sufficient to alien his estate by feoffment at the age of fifteen; and that the estate does not escheat in case of an attainder for felony. Camd. Brit. 239. Bract, fol. 276 b. 2 Bl. Com. 84. 1 Steph. Com. 200. 1 Cra Ws Real Prop. 596, § 753. Gavelkind is supposed to have been a part of those ancient liberties which the Kentish men were allowed by the Conqueror to retain without change; and it is the opinion of Selden that before the Norman conquest it was the general custom of the realm. Seld. Analect. 1. 2. c. 7. Spelman, in voc. Camd. Brit, cited in Cowell. T. Raym. 76. It still prevails over almost the whole of the county of Kent, and in a qualified manner over copyhold lands in various parts of the kingdom. Third Real Property Report, p. 8. 1 Steph. Com. 200, note. 1 Crahb's Real Prop. 596 — 602. Lee on Abstracts, 25, 84, 85. The etymology of the word itself has been variously given. Spelman derives it from the Sax. gafel, a tribute, or thing due or belonging, and cyn, kindred, or kynd, offspring; something due or belonging to all the children or kindred. Mr. Hargrave prefers the derivation from gavel, rent, and kind; of such a kind as to yield rent. Hargr. Co. Litt. Note 224, lib. 2. Mr. Crabb adopts the latter, defining it however to mean a kind of service. Crabb's Hist. Eng. Law, 87. Lambard, on the other hand, considers it as composed of three Saxon words gif, eal, cyn; given to all the kin; which Spelman adopts as the alternative of his own derivation.

given to all the kindred. Eng. law. <A tenure or custom annexed or belonging to lands in Kent, by which the lands of the father are equally divided among all his sons, or. the land of the brother among all his brothers, if he have no issue of his own. Litt. s. 210.