ENGLISH

Family, Law, and Inheritance in America : A Social and Legal History of Nineteenth-Century Kentucky

By Yvonne Pitts

Book information

Publisher
Cambridge University Press
Year
2013
ISBN
9781107248786, 9781107035508
LCC
KFK1346 .P58 2013
Language
english
Format
PDF
Filesize
3 MB (3665842 bytes)
Series
Cambridge Historical Studies in American Law and Society Ser.
Pages
220\220
Time added
2023-08-05 11:15:49
Inheritance and succession -- Kentucky -- 19th cen

Description

Yvonne Pitts explores inheritance practices by focusing on nineteenth-century testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills. These disappointed heirs claimed that their departed relative lacked the capacity required to write a valid will. These inheritance disputes criss-crossed a variety of legal and cultural terrains, including ordinary people's understandings of what constituted insanity and justice, medical experts' attempts to infuse law with science, and the independence claims of women. Pitts uncovers the contradictions in the body of law that explicitly protected free will while simultaneously reinforcing the primacy of blood in mediating claims to inherited property. By anchoring the study in local communities and the texts of elite jurists, Pitts demonstrates that 'capacity' was a term laden with legal meaning and competing communal values about family, race relations and rationality. These concepts evolved as Kentucky transitioned from a conflicted border state with slaves to a developing free-labor, industrializing economy.

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