In
America, a rapidly expanding economy meant bequests no longer the only factor
affecting wealth accumulation.
Resulted in collapse of primogeniture and elimination of doctrines like entail.
REAL PROPERTY AND PERSONAL PROPERTY
- In very old wills it’s unlikely to find mention of the deceased’s real estate.
- Real estate largely fell beyond the terms of the will. It has its own regulation through manorial courts and common law courts.
- The heir-at-law would inherit the real estate automatically.
- Only from 1540 onwards was disposal of some real estate by will approved by statute.
- From 1837 all kinds of real estate could be disposed by will.