Primogeniture

The state of being first born; the eldest. Formerly primogeniture gave a title in cases of descent to the oldest son in preference to the other children. This unjust distinction has been generally abolished in the United States. PRIMOGENITUS ( Lat. from primo, first, and genitus, born or begotten).

In old English law. A first born or eldest son. Bracton, fol. 33; 1 Ves. Sr. 290. And see 3 Maule & S. 25; 8 Taunt. 468; 3 Vern. 660. PRIMUM DECRETUM (Lat.) In the courts of admiralty, this name is given to a provisional decree. Bac. Abr. "Court of Admiralty" (E). son of a king or emperor, or the issue of a royal family; as, princes of the blood. The chief of any body of men. By a clause inserted in policies of insurance, the insurer is liable for all losses occasioned by "arrest or detainment of all kings, princes, and people, of what nation, condition, or quality soever." 1 Bouv. Inst, note 1218. PRINCEPS (Lat.)

In the civil law. The prince; the emperor. Quod principi plaeuit, legis habet vigorem, the emperor's pleasure has the force of law. Inst. 1. 2. 6. PRINCEPS ET RESPUBLICA EX JUSTA causa possunt rem meam auferre. The king and the commonwealth, for a just cause, can take away my property. 12 Coke, 13.

The state of being first born; the eldest At common law, in cases of the descent of land, primogeniture gave a title to the oldest son in preference to the other children. This distinction has been abolished in the United States. Formerly in Pennsylvania, in cases of intestacy, the oldest son took a double portion of the real estate; Jenk’s Lessee v. Backhouse, 1 Binn. (Pa.) 91, where it was held that a trust estate (the legal title) descends as at common law; and this case was followed in Delaware; Doe v. Lank, 4 Houst. (Del.) 648. It was not the general rule at the end of the 12th century; Pollock, First Book of Jurispr. 241. It was probably first applied to military fiefs. Perhaps at first the younger brothers lived on the land with the elder brother, holding the land in “parage.” But under military tenures, primogeniture became the rule. In a charter of 127G, it was said that if property was divided among coheirs, no one portion would suffice even for its owner’s maintenance; 3 Iloldsw. Hist. E. L. 140. The law of primogeniture has not been altered in England; see however the radical act of 1897, cited in Land Transfer. PRIMOGENITUS (Lat.). The first-born. 1 Ves. 290. And see 3 Maule & S. 25; 8 Taunt. 4 OS. PRIMUM DECRETUM (Lat). In the courts of admiralty, this name is given to a provisional decree. Bacon, Abr. The Court of Admiralty (E).

In English law. The privilege of the first-born or eldest son; the right of the eldest son to inherit his ancestor's estate, in exclusion of younger sons.

The rule of descent, in English law, that of two or more males in equal degree, the eldest inherits; while females all inherit together. Postremogeniture. The right of the youngest son to inherit.^ When the emperors began to create honorary feuds, or titles of nobility, it was found necessary, in order to preserve their dignity, to make them impartible, and in consequence descendible, to the eldest son alone. This example was further enforced by the inconveniences which attended the splitting of estates.'

Eldership; seniority; state of being the first-born; the superior title of an elder son in estates to the exclusion of the younger sons. The canon of descent, in England, is " that, where there are two or more males, in equal degree, the oldest only shall inherit." iitt. § 5. The law of primogeniture became generally established in England in the reign of Henry III., in which reign, also, the lineal descent of the crown to the infant issue of an elder brother, in preference to a younger brother of full age, was established. The county of Kent is deemed an exception, theoretically, to the rule of primogeniture.

the state of being first born; the eldest. Formerly primogeniture gave a title in cases of descent to the oldest son in preference to the other children; this unjust distinction has been generally abolished in the United States.