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morgado, morgadio

English translation: primogeniture

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:morgado, morgadio
English translation:primogeniture
Entered by: Michael Powers (PhD)
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00:25 Jun 29, 2007
Portuguese to English translations [PRO]
History
Portuguese term or phrase: morgado, morgadio
De Dom Egas Henriques parece que ainda foi filha, talvez natural, Dona Fruela Veegas que casou com Lourenço Martins e foram pais do bispo de Lisboa e arcebispo de Braga Dom João Martins de Soalhães, muito herdado em Soalhães, onde a 13.5.1304 instituiu um grande morgadio, em que nomeia seu filho legitimado...
Veronica Martinez Lozada
Local time: 16:30
entail
Explanation:
morgado

substantivo masculino


1. majorat;

2. entailed interest;

3. eldest son, heir to entailed interest;

4. primogenital (son or daughter);


morgadio

substantivo masculino


1. majorat;

2. entail;

3. primogeniture;

Entail of Estate
Entail of Estate limits the disposition of real property. The famous Statute of Westminster II (1285), often called De Donis, established the system of fee entail so that a wealthy family could retain its estates perpetually as a block inheritance. By this measure, a grantee of a feudal estate was entitled to the income from the land for life but could not sell the estate, mortgage it, or give it away. Upon the grantee's death, his eldest son inherited the estate subject to the entail. Should a grantee have no heirs, the estate went back to the grantor. The courts generally sustained this law until the fifteenth century when judges began to limit entails to one succeeding generation. Parliament abolished entails entirely in 1833.

Entailing of estates was relatively common in colonial America, especially in the agricultural sections of the southern and the middle states. Stout opposition developed, however, because of the belief that it was dangerous to perpetuate a political bloc of landed aristocrats. In several colonies, landowners resorted to devices such as common recovery and private legislative acts to gain free disposition of their land. By the time of the Revolution, colonial opinion was opposed to entail. Many of the original states followed the lead taken by Virginia in 1776 and abolished entails. Connecticut and Mississippi never recognized entail, although, in Connecticut, the common law permitted conditioned fees. Nor did the entail system emerge in Iowa, where it was held that entail was not suited to American practices, while Kansas and Delaware accepted the principle.

Bibliography

Cantor, Norman F. Imagining the Law: Common Law and the Foundations of the American Legal System. New York: Harper-Collins, 1997.

Morris, Richard B. "Primogeniture and Entailed Estates in America," Columbia Law Review 27 (1927): 24–51.

Mike :)
Selected response from:

Michael Powers (PhD)
United States
Local time: 17:30
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Summary of answers provided
4entail
Michael Powers (PhD)
3heir, heirloomRui Freitas


  

Answers


31 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
entail


Explanation:
morgado

substantivo masculino


1. majorat;

2. entailed interest;

3. eldest son, heir to entailed interest;

4. primogenital (son or daughter);


morgadio

substantivo masculino


1. majorat;

2. entail;

3. primogeniture;

Entail of Estate
Entail of Estate limits the disposition of real property. The famous Statute of Westminster II (1285), often called De Donis, established the system of fee entail so that a wealthy family could retain its estates perpetually as a block inheritance. By this measure, a grantee of a feudal estate was entitled to the income from the land for life but could not sell the estate, mortgage it, or give it away. Upon the grantee's death, his eldest son inherited the estate subject to the entail. Should a grantee have no heirs, the estate went back to the grantor. The courts generally sustained this law until the fifteenth century when judges began to limit entails to one succeeding generation. Parliament abolished entails entirely in 1833.

Entailing of estates was relatively common in colonial America, especially in the agricultural sections of the southern and the middle states. Stout opposition developed, however, because of the belief that it was dangerous to perpetuate a political bloc of landed aristocrats. In several colonies, landowners resorted to devices such as common recovery and private legislative acts to gain free disposition of their land. By the time of the Revolution, colonial opinion was opposed to entail. Many of the original states followed the lead taken by Virginia in 1776 and abolished entails. Connecticut and Mississippi never recognized entail, although, in Connecticut, the common law permitted conditioned fees. Nor did the entail system emerge in Iowa, where it was held that entail was not suited to American practices, while Kansas and Delaware accepted the principle.

Bibliography

Cantor, Norman F. Imagining the Law: Common Law and the Foundations of the American Legal System. New York: Harper-Collins, 1997.

Morris, Richard B. "Primogeniture and Entailed Estates in America," Columbia Law Review 27 (1927): 24–51.

Mike :)

Michael Powers (PhD)
United States
Local time: 17:30
Native speaker of: Native in EnglishEnglish
PRO pts in category: 19
Grading comment
Thanks

Peer comments on this answer (and responses from the answerer)
neutral  Rui Freitas: The concept is there, albeit more strictly related to estate, but I don't think it grasps the whole concept of morgadio. There should be a word for it in English.
7 hrs
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8 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
heir, heirloom


Explanation:
morgado
substantivo masculino
1. vínculo indivisível e inalienável que se transmitia, numa família, de primogénito em primogénito, mas em linha recta varonil;
2. possuidor desse vínculo;
3. primogénito de uma família;

Se morgado for usado com um artigo definido, por exemplo, "O morgado foi à caça", então o significado refere-se ao "eldest son" ou "primogenital son".


morgadio
substantivo masculino
1. qualidade de morgado;
2. bens ou rendimentos de um morgado;
3. classe dos morgados;

O morgadio é o conjunto de bens vinculados que constituem um morgado. A sua tradução afigura-se mais difícil sem ter um bom dicionário à mão, mas suponho que uma alternativa será "heirloom"

"O morgado é um vínculo entre um pai e sua descendência no qual seus bens são transmitidos ao filho primogênito, sem que este os possa vender mas pode e deve acrescentar bens ao morgadio. Os direitos de morgadio são os mais cerrados da sucessão de bens para a prepectuação dos bens na linhagem da família.

O morgadio é uma forma de organização familiar, cria uma linhagem, um código para designar pessoas e os seus estatutos e comportamentos. Esta instituição vincular tem origem na legislação castelhana e embora seja adoptada por Portugal antes só entra na legislação portuguesa com as Ordenações Filipinas de 1603. Por extensão, o morgado é também o filho mais velho de um casal, beneficiado pelo morgadio ou não."
http://pt.wikipedia.org/wiki/Morgado

"An heirloom, strictly so called in English law, is a chattel (loom meaning originally a tool) which by immemorial usage is regarded as annexed by inheritance to a family estate.

Any owner of such heirloom may dispose of it during his lifetime, but he cannot bequeath it by will away from the estate. If he dies intestate it goes to his heir-at-law, and if he devises the estate it goes to the devisee. At the present time such heirlooms are almost unknown, and the word has acquired a secondary, and popular meaning and is applied to furniture, pictures, etc., vested in trustees to hold on trust for the person for the time being entitled to the possession of a settled house. Such things are more properly called settled chattels.

An heirloom in the strict sense is made by family custom, not by settlement. A settled chattel may, under the Settled Land Act 1882, be sold under the direction of the court, and the money arising under such sale is capital money. The court will only sanction such a sale if it be shown that it is to the benefit of all parties concerned; and if the article proposed to be sold is of unique or historical character, it will have regard to the intention of the settlor and the wishes of the remainder men (Re Hope, Dr Cello v. Hope, 1899, 2 ch. 679)."
http://en.wikipedia.org/wiki/Heirloom_(law)


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Note added at 8 hrs (2007-06-29 08:48:37 GMT)
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Portuguese lei do morgadio
English - principle of primogeniture.
http://www.websters-online-dictionary.org/translation/Portug...



Rui Freitas
Portugal
Local time: 22:30
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 8
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Changes made by editors
Jul 13, 2007 - Changes made by Michael Powers (PhD):
Edited KOG entry<a href="/profile/78480">Veronica Martinez Lozada's</a> old entry - "morgado, morgadio" » "primogeniture"


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