primogeniture and ultimogeniture


primogeniture and ultimogeniture

law
      preference in inheritance that is given by law, custom, or usage to the eldest son and his issue (primogeniture) or to the youngest son (ultimogeniture, or junior right). In exceptional cases, primogeniture may prescribe such preferential inheritance to the line of the eldest daughter. The motivation for such a practice has usually been to keep the estate of the deceased, or some part of it, whole and intact. Strict primogeniture and ultimogeniture are rare; an attenuated form in which the eldest (or youngest) son assumes the responsibility of trusteeship of the estate and of adjudicating attendant disputes has been more common.

      The practices are most commonly used by agricultural peoples, especially those with increasing populations but limited amounts of land. In such cases it is often important to prevent the partitioning of land into parcels that are too small to support farming. In some cases, the designation of a sole heir has generated territorial expansion by forcing the unwilled sons to fend for themselves, a situation that has obtained at various times among Europeans and the Maori and other Polynesian peoples.

      In Europe, laws forbidding the partitioning of land and decreeing its devolution upon the youngest or eldest son served as a means of preserving not only the size of the property so affected but also the power and prestige of the aristocracy, which traditionally rested on land ownership. Thus, the practices sometimes governed succession to power and office rather than to tangible possessions.

      Primogeniture probably implies, as a choice over ultimogeniture, the importance of hierarchical considerations by maintaining respect for the most advanced in age. If, on the other hand, ultimogeniture is the method of maintaining the integrity of the inheritance, the elder brothers may be compensated with privileges of authority, travel, and some form of pecuniary or material advantage; and it may be reasoned that the youngest son, having stayed the longest in the house of his father, having more years to live, and being the least likely to have established himself in the world, should be the one to whom the property falls.

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Universalium. 2010.

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