Parents, Children and Property in the Late Eighteenth Century Chancery

Oxford Journal of Legal Studies, Vol. 32, No. 4, 2012

44 Pages Posted: 8 Mar 2012

See all articles by Adam S. Hofri-Winogradow

Adam S. Hofri-Winogradow

Faculty of Law, Hebrew University of Jerusalem

Date Written: March 8, 2012

Abstract

The late eighteenth century court of Chancery established a balance between the respective interests of parents and their children in the family’s property. The court required parents, especially fathers, to themselves provide for the maintenance and education of their minor children, even where money was made available for these purposes from a non-parental source. It prevented parents from intercepting gifts given to their children by third parties. It permitted parents, however, to make their children's entitlements to marriage portions conditional, for children marrying before majority, on the children's choice of spouse being consented to by a parent or parental surrogate. Chancery’s overall intergenerational policy was notably anti-dynastic: it made sure that younger generations, specifically those just reaching adulthood, marriage and parenthood, were endowed with sufficient property to give them at least a measure of independence from their elders, and some power over their own children.

Keywords: trusts, family, parents, parenting, children, property, trust law, legacies, bequests, succession, gifts, England, Chancery, English law

Suggested Citation

Hofri-Winogradow, Adam S., Parents, Children and Property in the Late Eighteenth Century Chancery (March 8, 2012). Oxford Journal of Legal Studies, Vol. 32, No. 4, 2012. Available at SSRN: https://ssrn.com/abstract=2018129

Adam S. Hofri-Winogradow (Contact Author)

Faculty of Law, Hebrew University of Jerusalem ( email )

Mt. Scopus Campus
Jerusalem, 9190501
Israel
523592980 (Phone)
523592980 (Fax)

HOME PAGE: http://en.law.huji.ac.il/people/adam-hofri

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