Entail is a legal concept and set of associated rules restricting the manner in which real property (especially land) passes from one generation to the next; these rules tend to keep deceased estates together as a whole, and in the hands of a single owner (heir), rather than allowing them to be split up amongst multiple children (as would tend to happen in similar situations in Continental European law). Entail has been known in English law since feudal times, but it has of course evolved as the law has evolved. It is concerned with heirship, ensuring the male line and preserving intergenerationally its power and ownership of property. As Lawrence Stone has argued, a key element is psychological: a strong attachment by those involved to the principle of preferential male primogeniture.
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👉 Entail in the context of Nobility in the Kingdom of Hungary
The Kingdom of Hungary held a noble class of individuals, most of whom owned landed property, from the 11th century until the mid-20th century. Initially, a diverse body of people were described as noblemen, but from the late 12th century only high-ranking royal officials were regarded as noble. Most aristocrats claimed ancestry from chieftains of the period preceding the establishment of the kingdom around 1000; others were descended from western European knights who settled in Hungary. The lower-ranking castle warriors also held landed property and served in the royal army. From the 1170s, most privileged laymen called themselves royal servants to emphasize their direct connection to the monarchs. The Golden Bull of 1222 established their liberties, especially tax exemption and the limitation of military obligations. From the 1220s, royal servants were associated with the nobility and the highest-ranking officials were known as barons of the realm. Only those who owned allods – lands free of obligations – were regarded as true noblemen, but other privileged groups of landowners, known as conditional nobles, also existed.
In the 1280s, Simon of Kéza was the first to claim that noblemen held authority in the kingdom. The counties developed into institutions of noble autonomy, and the nobles' delegates attended the Diets (parliaments). The wealthiest barons built stone castles allowing them to control vast territories, but royal authority was restored in the early 14th century. In 1351, King Louis I introduced an entail system and enacted the principle of "one and the selfsame liberty" of all noblemen, but legal distinctions between true noblemen and conditional nobles prevailed. The most powerful nobles employed lesser noblemen as their familiares (retainers) but this private link did not sever the familiaris' direct subjection to the monarch. According to customary law, only males inherited noble estates, but under the Hungarian royal prerogative of prefection the kings could promote "a daughter to a son", allowing her to inherit her father's lands. Noblewomen who had married a commoner could also claim their inheritance – the daughters' quarter (that is one-quarter of their father's possessions) – in land.
Entail in the context of Patroonship
In the United States, a patroon (English: /pəˈtruːn/; from Dutch patroon [paːˈtroːn]) was a landholder with manorial rights to large tracts of land in the 17th-century Dutch colony of New Netherland on the east coast of North America. Through the Charter of Freedoms and Exemptions of 1629, the Dutch West India Company first started to grant this title and land to some of its invested members. These inducements to foster colonization and settlement (also known as the "Rights and Exemptions") are the basis for the patroon system. By the end of the 18th century, virtually all of the American states had abolished primogeniture and entail; thus patroons and manors evolved into simply large estates subject to division and leases.
The deeded tracts were called patroonships and could span 16 miles in length on one side of a major river, or 8 miles if spanning both sides. In 1640, the charter was revised to cut new plot sizes in half, and to allow any Dutch American in good standing to purchase an estate. The title of patroon came with powerful rights and privileges. A patroon could create civil and criminal courts, appoint local officials and hold land in perpetuity. In return, he was required by the Dutch West India Company to – sources vary – establish a settlement of at least 50 families within four years on the land, or "ship fifty colonists to it within four years". As tenants working for the patroon, these first settlers were relieved of the duty of public taxes for ten years, but were required to pay rent to the patroon. A patroonship sometimes had its own village and other infrastructure, including churches.