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LSDefine

Simple English definitions for legal terms

frankmarriage

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A quick definition of frankmarriage:

Frankmarriage is a type of estate where a person gives land to their daughter, but still keeps control of it. The daughter and her children can use the land, but they can't do certain things for the person who gave them the land. After three generations, the daughter's children can do those things and then they fully own the land. If the daughter's children don't have any children or if they lose the land before the third generation, it goes back to the person who gave it to them. This is called frankmarriage because it's like a marriage between the person who gave the land and the daughter's family.

A more thorough explanation:

Definition: Frankmarriage is a type of entailed estate where the person who gives the land (usually a father giving it to his daughter) retains control of the land by refusing to accept feudal services from the person who receives the land (the donee) for three generations. If the donee's descendants fail to keep the land for three generations, the land returns to the donor.

For example, if a father gives his daughter a piece of land as a frankmarriage, he will not accept any services from her or her descendants for three generations. This means that the father retains control of the land and can take it back if the daughter's descendants fail to keep it for three generations.

After three generations, the donee's descendants can pay homage to the donor, which transforms the estate into a fee simple. This means that the donee's descendants will have full control of the land and can pass it on to their own descendants.

The term "frankmarriage" comes from the Latin term "liberum maritagium," which means "free marriage."

franklin | frankpledge

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