Ralph Houlbrooke
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198208761
- eISBN:
- 9780191678134
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208761.001.0001
- Subject:
- History, British and Irish Early Modern History, Social History
The interest and importance of the social history of death have been increasingly recognized during the last thirty years. This book examines the effects of religious ...
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The interest and importance of the social history of death have been increasingly recognized during the last thirty years. This book examines the effects of religious change on the English ‘way of death’ between 1480 and 1750. It discusses relatively neglected aspects of the subject, such as the deathbed, will making, and the last rites. It also examines the rich variety of commemorative media and practices and describes the development of the English funeral sermon between the late Middle Ages and the 18th century. The book shows how the need of the living to remember the dead remained important throughout the later medieval and early modern periods, even though its justification and means of expression changed.Less
The interest and importance of the social history of death have been increasingly recognized during the last thirty years. This book examines the effects of religious change on the English ‘way of death’ between 1480 and 1750. It discusses relatively neglected aspects of the subject, such as the deathbed, will making, and the last rites. It also examines the rich variety of commemorative media and practices and describes the development of the English funeral sermon between the late Middle Ages and the 18th century. The book shows how the need of the living to remember the dead remained important throughout the later medieval and early modern periods, even though its justification and means of expression changed.
Ralph Houlbrooke
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198208761
- eISBN:
- 9780191678134
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208761.003.0005
- Subject:
- History, British and Irish Early Modern History, Social History
This chapter discusses changes in the practice of will-making between the 15th and 18th centuries. The will ceased to be something in which the clergy ...
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This chapter discusses changes in the practice of will-making between the 15th and 18th centuries. The will ceased to be something in which the clergy had an important part to play. By 1750 the attorney had replaced the clergyman as the main source of professional expertise in matters of testamentary. Between the Reformation and the 18th century, the previously close connection between will-making and death was loosened. The will became a more secular document and its making more private.Less
This chapter discusses changes in the practice of will-making between the 15th and 18th centuries. The will ceased to be something in which the clergy had an important part to play. By 1750 the attorney had replaced the clergyman as the main source of professional expertise in matters of testamentary. Between the Reformation and the 18th century, the previously close connection between will-making and death was loosened. The will became a more secular document and its making more private.
Ralph Houlbrooke
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198208761
- eISBN:
- 9780191678134
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208761.003.0006
- Subject:
- History, British and Irish Early Modern History, Social History
This chapter discusses the gradual shrinking of the religious functions of the will during the centuries following the Reformation. Wills have been the ...
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This chapter discusses the gradual shrinking of the religious functions of the will during the centuries following the Reformation. Wills have been the subject of close analysis and much controversy in recent decades. They have been studied for the light they throw upon the development of religious opinions, the changing nature of charitable bequests, and the strength of individual relationships with families and neighbours. Research has tended to focus on particular communities or topics. The chapter takes a broad and long view of the evolution of the will as a document drawn up in preparation for death.Less
This chapter discusses the gradual shrinking of the religious functions of the will during the centuries following the Reformation. Wills have been the subject of close analysis and much controversy in recent decades. They have been studied for the light they throw upon the development of religious opinions, the changing nature of charitable bequests, and the strength of individual relationships with families and neighbours. Research has tended to focus on particular communities or topics. The chapter takes a broad and long view of the evolution of the will as a document drawn up in preparation for death.
Kenneth G C Reid, Marius J. de Waal, and Reinhard Zimmermann (eds)
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199696802
- eISBN:
- 9780191732065
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199696802.001.0001
- Subject:
- Law, Company and Commercial Law
This book is about testamentary formalities, that is to say, about the requirements which the law of succession imposes in order for a person to make a will. How are wills made? What precisely are ...
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This book is about testamentary formalities, that is to say, about the requirements which the law of succession imposes in order for a person to make a will. How are wills made? What precisely are the rules — as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? What is the legal history of wills, the state of the law today, and the prospects for the future? Is this a fruitful topic for comparative law? The book explores these questions through a representative sample of countries in Europe as well as in the USA, Latin America, South Africa, Australia, and New Zealand. A final chapter draws the threads together and offers an overall assessment of the development of wills and will-making in Europe and beyond.Less
This book is about testamentary formalities, that is to say, about the requirements which the law of succession imposes in order for a person to make a will. How are wills made? What precisely are the rules — as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? What is the legal history of wills, the state of the law today, and the prospects for the future? Is this a fruitful topic for comparative law? The book explores these questions through a representative sample of countries in Europe as well as in the USA, Latin America, South Africa, Australia, and New Zealand. A final chapter draws the threads together and offers an overall assessment of the development of wills and will-making in Europe and beyond.
Reinhard Zimmermann
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199696802
- eISBN:
- 9780191732065
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199696802.003.0008
- Subject:
- Law, Company and Commercial Law
This chapter traces the history of the ordinary as well as extra-ordinary will types in German law. It commences with an analysis of private wills in 19th-century Germany and relates the debates ...
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This chapter traces the history of the ordinary as well as extra-ordinary will types in German law. It commences with an analysis of private wills in 19th-century Germany and relates the debates surrounding the introduction — at the last conceivable moment and against protracted opposition — of the holograph will into the BGB. Yet, judicial experience with it in the first four decades of the 20th century was anything but encouraging. The problems were solved, eventually, by legislative reform: the Testamentsgesetz of 1938 laid the foundations of the holograph will as it has come to be established as a generally accepted part of modern German law. The chapter analyses the way in which modern courts and writers interpret the form requirements of the holograph will. It then traces the development of public wills, of emergency wills, and of wills made during a sea voyage in German law.Less
This chapter traces the history of the ordinary as well as extra-ordinary will types in German law. It commences with an analysis of private wills in 19th-century Germany and relates the debates surrounding the introduction — at the last conceivable moment and against protracted opposition — of the holograph will into the BGB. Yet, judicial experience with it in the first four decades of the 20th century was anything but encouraging. The problems were solved, eventually, by legislative reform: the Testamentsgesetz of 1938 laid the foundations of the holograph will as it has come to be established as a generally accepted part of modern German law. The chapter analyses the way in which modern courts and writers interpret the form requirements of the holograph will. It then traces the development of public wills, of emergency wills, and of wills made during a sea voyage in German law.
S. C. Humphreys
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9780198788249
- eISBN:
- 9780191830204
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198788249.003.0010
- Subject:
- Classical Studies, European History: BCE to 500CE
This chapter discusses rituals as occasions for kin to gather together, specifically those with a marked social setting or socio-legal implications: these include the amphidromia, dekate, meion, ...
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This chapter discusses rituals as occasions for kin to gather together, specifically those with a marked social setting or socio-legal implications: these include the amphidromia, dekate, meion, choes, other ritual roles for male and female adolescents, koureion, betrothal, wedding, aphaeresis, divorce, and will making.Less
This chapter discusses rituals as occasions for kin to gather together, specifically those with a marked social setting or socio-legal implications: these include the amphidromia, dekate, meion, choes, other ritual roles for male and female adolescents, koureion, betrothal, wedding, aphaeresis, divorce, and will making.
