Assize of mort d'ancestor

In English law, the assize of mort d'ancestor ("death of ancestor") was an action brought where a plaintiff claimed the defendant had entered upon a freehold belonging to the plaintiff following the death of one of his relatives.

It was one of the so-called "petty assizes" established by the Assize of Clarendon by Henry II in 1166 along with the Assize of Northampton (1176)^[1]]. Like the other two assizes, it was abolished in 1833.^[2]

Two early instances of such an action are recorded in feet of fine from the reign of King John for a family dispute between members of the de Brantingham family in Yorkshire in 1202.^[3][4] On 22 August 1202, one Matilda (or Maud), daughter of John de Brantingham, brought an action under the assize of mort d'ancestor against her sisters, Mary and Alice de Brantingham.^[3] Less than four months later, on 1 December 1202, John de Brantingham, son of Haldane the Deacon (and not to be confused with the later John de Brantingham, a Yorkshire clergyman), brought a similar action against his three daughters.^[4]

See also

• Assize of novel disseisin
• Assize of darrein presentment

References

1. ↑ An introduction to English Legal History, J.H. Baker 4th edition Oxford University press, p 234
2. ↑  Chisholm, Hugh, ed. (1911). "Assize". Encyclopædia Britannica (11th ed.). Cambridge University Press. 
3. 1 2 The Surtees Society: 48
4. 1 2 The Surtees Society: 76

Bibliography

• Surtees Society (1897), Pedes finium ebor. regnante Johanne, AD MCXIX – AD MCCXIV, Publications of the Surtees Society 94, Durham: Andrews and Co. and others .

Further reading

• Sutherland, Donald W. The Assize of Novel Disseisin. Oxford University Press. 21 June 1973. ISBN 0-19-822410-9.
• Pollock, Sir Frederick and Frederic William Maitland. The History of English Law Before the Time of Edward I. The Lawbook Exchange Ltd. 2nd edition. 30 Sept 1996. ISBN 1886363226.