HOW CUSTOMARY TENURE WAS ESTABLISHED 

 IN WESTMORLAND. 



By G. GATEY. 



(Read at Ambleside, March zoth, 1885 J 



A PAPER was read before this Society a few sessions ago by Mr, 

 Heelis, upon the Customary Tenures of Westmorland,* in which 

 the peculiar customs incident to these tenures were explained and 

 the history of the Barony of Kendal was minutely investigated. 

 I do not propose to go over the same ground, but rather to begin 

 where that paper ended, and to endeavour to explain how it was 

 that the peculiar customs now existing in the Baronies of West- 

 morland grew into existence, and the reason why the tenure of 

 land in this small portion of the country is unlike that prevailing 

 in any other portion. I shall not state either the law or the facts 

 relating to this question with the precision observed in a legal 

 document, but I shall endeavour to deal with it so as to be 

 intelHgible to everyone. 



It may be assumed roughly that the distinctive peculiarities of 

 the customary estates in Westmorland, as distinguished from free- 

 holds, are as follows :— If the owner of a freehold estate dies 

 without making a will, his widow is entitled to one-third of the 

 profits during her life ; but in the case of a customary estate, the 

 widow is entitled to the whole of the profits during her life. In 

 both cases, subject to the widow's right, the estate descends to the 

 eldest son ; but if there are no sons, in the case of freeholds, 

 * Transactions Cumberland & Westmorland Association, No. IV. 

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