How did Sirius get the Grimmauld Place? Common Law Ref.

[Steve]

No: HPFGUIDX 131694

--- In HPforGrownups at yahoogroups.com, "a_svirn" <a_svirn at y...> wrote:
> 
> > bboyminn:
> > 
> ><snip> First are 'Entailments' which are legal conditions tied to
> > an estate that can have legal precedence that can be applied 
> > across centuries, in some cases applied to an estate forever. 
> 
> a_svirn:
> 
> As far as I know entails were supposed to be confirmed in each 
> generation. Moreover, they could be "broken" with the heir's consent 
>  ...
> 
> > bboyminn:
> <snip> 
> > Further, this same condition of the first born male getting
> > everything, is part of Old English Common Law. Again, to prevent 
> > the family fortune from being diluted.
> > 
> <snip>
> 
> a_svirn:
> 
> I believe under the common law provisions for the widow and the 
> younger children were supposed to be made....


bboyminn:

I'm sure I posted this before, but I haven't been able to track down
the link, so here it is again - English Common Law of Inheritance -

"Addressing the Duke and Inheriting his Loot"
http://it.uwp.edu/lansdowne/als.html

Normal Rules for Inheritance of Property
Under English Common Law all property descended to the eldest
surviving son, .... If there were neither brothers nor sisters it
could not ascend to the father, uncles, grandfather etc. ***It always
descended, never ascended.*** Note that this differs from the rules
for titles, which could ascend (to an uncle, for instance).

Common Law made no provision whatever for a man's younger descendants
other than the eldest's obligation by honor to care for them. Not all
were honorable, however, and Common Law could and sometimes did leave
the younger descendants in dire straits, ...

Patents:
The patent comes from the Crown and grants the title (Duke, Marquess,
Earl etc). Along with the title comes outright ownership of certain
real property (the titleholder's seat of power). All real property
included with the patent is automatically entailed to the titleholder
and his rightful heirs in perpetuity. ...

Entails:
Other real property owned by a peer or major landowner (the landed
gentry) can be entailed by the titleholder/landowner himself, in a
document that carries the force of civil law. Originally these
entailments were either in perpetuity or for as long as four hundred
years or many generations, ...

Entails were a legal contract under civil law. If the landowner or
titleholder wished all of his property to go to his primary (male)
heir there was no need for a document outlining the entails, as under
Common Law that would automatically be the case. If on the other hand
he wanted the option to provide for his wife, younger sons or his
daughters either by settlement or later by will, he (rather his
solicitor) drew up the entails, ...
- - - - - - - - - - - - - - -

Wills and Settlements:
Apparently only apply to unentailed property.


There is much more there, but I don't want to quote it all.

So, the inheritance by the eldest surviving son was automatic, there
didn't have to be any documentation to establish it. 

Property can only descend.

Depending on the time in history, entailments could last a few hundred
years or the could last forever. Although, perpetual entailments we
later outlawed.

My guess is that Sirius's personal property and money are unentailed
and he can do with them as he pleases, which probably means Harry get
them. However, the Black Estate is mostly ruled by very strict
quidelines. I'm still hoping for a fight over the estate between Harry
and Draco. Harry won't really want the money or property, but he will
fiercely NOT want Draco to get it. 

Just some basic reference info.

Steve/bboyminn