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Updated: May 5, 2025
Burgomasters and other citizens had been beheaded in great numbers for appealing to their statutes against the edicts of the regent, for voting in favor of a general congress according to the unquestionable law. He had proclaimed that all landed estates should, in lack of heirs male, escheat to his own exchequer.
Burgomasters and other citizens had been beheaded in great numbers for appealing to their statutes against the edicts of the regent, for voting in favor of a general congress according to the unquestionable law. He had proclaimed that all landed estates should, in lack of heirs male, escheat to his own exchequer.
Lurvey's land, and thereby comply with the letter of the law, by aid of which she was endeavoring to rob us and escheat our rights to the birch. There were ten of us. Each knew what was at stake, and all worked with such good-will that by five o'clock we had the saw running.
He fully understood, too, that there was no heir at law; and that the lands must escheat, unless the present owner made a will; and to this last act, his precise information told him that Sir Wycherly had an unconquerable reluctance.
No, Wycherly; it is Sir Reginald who has the best right to the land; Tom, or one of his brothers, an utter stranger, or His Majesty, follow. Remember that estates of £4000 a year, don't often escheat, now-a-days." "If you'll draw up a will, brother, I'll leave it all to Tom," cried the baronet, with sudden energy.
"If 't is delayed till I am convicted, the state may claim that they were in escheat, but for these few hours I have a good title, and if ever they seek to invalidate the deeds, set up the mortgages on Boxely that you hold, as the consideration." "But " "In God's name, squire, don't lose the opportunity by delay!
Did you ever know a case in your practice, in which another estate was left so completely without an heir, as this of ours?" "It does not often happen, brother; heirs are usually more abundant than estates." "So I thought. Will the king get the title as well as the estate, brother, if it should escheat, as you call it?"
Relief, wardship, and escheat were perfectly legitimate feudal rights, and there was no reason which the state would consider valid why they should not be enforced in all fiefs alike.
It is not regarded as issuing out of the land like a rent, so that while a rent binds every one who has the land, no matter how, a disseisor is not bound by the trust. /3/ The case of the lord taking by escheat has been doubted, /4/ and it will be remembered that there is a difference between Bracton and later authors as to whether he comes in as quasi heres or as a stranger.
I think, however, Sir Reginald," said the vice-admiral, as he approached the door; "that even in the event of an escheat, you would find these Brunswick princes sufficiently liberal to restore the property. I could not answer for those wandering Scotchmen; who have so many breechless nobles to enrich; but, I think, with the Hanoverians, you would be safe."
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