Wednesday, November 18, 2009

Cause of Action of the Week

"Action in Trespass for ravishment of ward" (See Stanley v. Rasnick, 137 Va. 415, 420 (1923).)

Under the Norman-introduced Law of Primogeniture, the oldest son (or daughter if there were no sons) would inherit the entire estate, and distribute gifts to his siblings at his discretion. As he was the only heir apparent, this put a bit of pressure on his marriage choice, both because his ancestors were likely to be loath to pass on to him everything they owned if he had a rotten wife and because this made him a target for the patient golddigger. To protect against this, the above trespass could be sued upon by the ancestor of the heir. If proven that the heir apparent had been taken (without consent) and married, a writ of ravishment would be issued, and as best I can tell, this would prevent the estate from passing to the golddigger or her family. The action became disused when primogeniture was abandoned; it was abolished in Virginia in 1787.

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