The Albany Courthouse, 184 Stirling Terrace, Albany, Western Australia.
The Albany Courthouse is an operating Magistrates Court for civil and criminal matters in Albany, Western Australia, see location map below. The Court also has a District Court Registry for civil actions.
Young, a town on the south-west slopes of New South Wales was settled in 1826. See location map below. Known initially as Lambing Flat, the discovery of gold in the 1860s soon attracted large numbers of miners and prospectors to the area. However tensions among them led to riots and unrest. Eventually Lambing Flat became known as Young.
One way or another, the freedom to dispose of property by will has been subject to varying degrees of control for centuries. Some of the earliest regulations of wills have been traced as far back to Rome, circa 450 BCE.1 More →
The Great Inscription at Gortyn on the Island of Crete, Greece
Ancient inheritance laws etched in stone walls
Some of the earliest known written inheritance and succession laws can be found at the archaeological site of Gortyn, on the southern side of the island of Crete, Greece. Gortyn, Gortys or Gortyna was once a large, busy metropolis in Ancient Greece. More →
The Twelve Tables is a body of law, or a code, (although not likely in the strict sense of a code covering all topics), is widely accepted as forming the basis of Roman Law. Consisting of mostly civil law it was important in codifying and publicising the customary laws of the predominantly agrarian community operating at that time.
Table V dealt with inheritance and guardianship. Some excerpts follow:
” 4. If anyone who has no direct heir dies intestate the nearest male agnate shall have the estate.”
” 5. If there is not a male agnate the male clansmen shall have the estate.”
” 6. Persons for whom by will…a guardian is not given, for them..their male agnates shall be guardians.”
” 9. Debts of the estate of a deceased shall be divided, according to law, among the heirs, proportionally to the share of the inheritance that each acquires. “
An agnate was a relative from the father’s side, someone of the male lineage.
Ancient Roman Statutes, The Corpus of Roman Law, A Translation,Volume II,
A C Johnson, P R Coleman-Norton, F C Bourne,
C Pharr & M B Pharr (Eds),
University of Texas Press, Austin, 1961
“The Romans were also wont to set aside testaments [wills] as being inofficiosa, [irresponsible, unobliging] deficient in natural duty, if they disinherited or totally passed by (without assigning a true and sufficient reason) any of the children of the testator.
But if the child had any legacy, though ever so small, it was a proof that the testator had not lost his memory or his reason, which otherwise the law presumed;
Hence probably has arisen that groundless vulgar error, of the necessity of leaving the heir a shilling or some other express legacy, in order to disinherit him effectually:”
Sir William Blackstone, translations added in [ ], ‘Of Title by Testament, and Administration‘ Chapter 32, Commentaries on the Laws of England, Book II, 1723-1780. New York Garland Pub. 1978, reprint of the 9th (1783) ed. printed for W. Strahan and T. Cadell, London, and D. Prince, Oxford.