GAVELKIND, a peculiar system of tenure associated chiefly with the county of Kent, but found also in other parts of England. In Kent all land was presumed to be holden by this tenure until the contrary was proved, but some lands have been disgavelled by particular statutes. It is more correctly described as "socag( tenure, subject to the custom of gavelkind." The chief peculiari. ties of the custom were: (I) A tenant could alienate his lands 133 f eoff ment at 15 years of age. (2) There was no escheat on at. tainder for felony. (3) Generally the tenant could dispose of hit lands by will. (4) In intestacy the estate descended to the son! (or, in the case of deceased sons, their representatives) in equa shares : "Every son is as great a gentleman as the eldest son is.' Though females claiming in their own right were postponed tc males, yet by representation they inherited together with them (5) A wife was dowable of one-half, instead of one-third of the land. (6) A widower might be tenant by courtesy of one-hall without having had any issue, but only so long as he remained un. married. Gavelkind was, previous to the Conquest, the genera custom of the realm, but was then superseded by the feudal law of primogeniture. It was abolished by the Law of Property Act, 1922 and the Administration of Estates Act, 1925.
Irish gavelkind was a species of tribal succession, by which the land, instead of being divided at the death of the holder amongst his sons, was thrown again into the common stock, and redivided among the surviving members of the sept. The equal division amongst children of an inheritance in land is of common occur rence outside the British Isles and is discussed under SUCCESSION, (See also INHERITANCE; TENURE.) See T. Robinson, On Gavelkind (1897) ; Pollock and Maitland History of English Law.